PARAS SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal No. 119 of 1991 (D.B.) and Cr. Appeal No. 58 of 1992 (D.B.) have been taken together because both have arisen out of common judgment. Both the appeals are being heard and disposed of by this common judgment.

(2.) Appellant Paras Sah and appellant Dewaki Sah have been convicted and sentenced on 19.3.1991 in Sessions Trial No. 63 of 1990 by learned 4th Additional Sessions Judge, Saran. Appellant Dewaki Sah was convicted under Sec. 302 Penal Code and was sentenced to rigorous imprisonment for life, whereas, the appellant Paras Sah was convicted under Sec. 304/34 Penal Code and was sentenced to undergo rigorous imprisonment for four years by order dated 21.3.1991.

(3.) On the basis of fardbeyan (Ext. 4) of Mangal Sah (P.W.6) given at Sadar Hospital, Chapra in Middle Surgical Ward at 4.45 P.M. on 7.9.1989 with regard to an occurrence of 6.9.1989 at 8 p.m., formal FIR (Ext. 3) of Garkha P. S. Case No. 175 of 1989 under Sec. 302/34 Penal Code was registered, wherein, he has stated before the Officer-in-Charge that on the preceding day i.e. 6.9.1989 at 8 p.m. his brother Maheshwari Sah (deceased) was taking dinner in front of his house. The informant was sitting in the vicinity. Dewaki Sah (appellant) and Suresh Sah (absconder) came out from the house and started hurling abuses to the informant's brother Maheshwari Sah which was retorted to. In the meantime, neighbour Paras Sah (appellant) came. Suresh Sah and Paras Sah caught hold the hand of the Dewaki Sah and Dewaki Sah pierced a dagger on the right abdomen of Maheshwari Sah. Blood oozing out. In the meantime, Harendra Sah (P.W. 3) and Dhaneshwar Sah (P.W. 4) came and witnessed the occurrence. All the three assailants escaped towards north side. The informant and Harendra Sah (P.W. 3), Dhaneshwar Sah (P.W. 4) carried Maheshwari Sah on a hired jeep to Chapra Sadar hospital. Maheshwari Sah lost consciousness in the way and his unconsciousness remained till his death. During treatment Maheshwari Sah succumbed to the injuries at 3.30 pm. on 7.9.1989. The cause of occurrence is that Dewaki Sah and Suresh Sah were frequently abusing Maheshwari which was being protested and on account of that the assault was made. The occurrence was witnessed in electric light. The fardbeyan was witnessed by Harendra Kumar Sah (P.W. 3).