SATYA NARAIN SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Binod Kumar @ Bindo Sahni @ Gani Sahni has been found guilty for an offence punishable under Section 302, 148 of the IPC and sentenced to undergo imprisonment for life as well as R.I. for two years respectively under both counts. While appellants Satya Narain Sahni, Shambhu Sahni, Satrughan Sahni, Mewalal Sahni and Bhuai Sahni have been found guilty for an offence punishable under Section 302/149 of the IPC as well as 147 of the IPC and sentenced to undergo imprisonment for life as well as R.I. for one year respectively under both counts with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 28.02.1990 passed by the learned 2nd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 89/87 has been challenged under these two appeals. With the consent of both the parties, both the appeals have been heard together and are being disposed of by a common judgment.

(2.) SUCCINCTLY the case of the prosecution as is evident from fardbeyan (Ext.3) of deceased Badar Rai recorded on 26.10.1985 at 6.30 p.m. at State Dispensary, Sahebganj alleging inter alia that on the same date at about 9.00 a.m. while he was proceeding towards 'Diyara' for cutting grass and had covered distance of 1 km. from his house and as soon as reached near the field of Rambilas Sahni, Satyanarain Sahni and Mewa Sahni came out and caught hold him while 10 ­ 12 persons came out from paddy crop who were armed with lathi, bhala and bombs. Binod Kumar @ Jai Sahani came near him and gave one bhala blow over his stomach on account of which he fell down. The intestine came out. Shambhu Sahani also blown an arrow which did not strike him. Rest of the accused persons began to fire by country made pistol as well as also hurled bomb to terrorize the villagers including Sheo Prasad Rai (P.W. 4), Ram Anup Sahani (P.W. 2), Nand Kishore Rai (P.W. 1), Sukh Deo Rai (P.W. 3). He also disclosed names of Chhathu Sahani, Kishundeo Sahani, Bhui Sahani and Satrughan Sahani to be armed with country made pistol and were indulged in indiscriminate firing. Chhathu Sahani was also possessing a bag containing bomb which he hurled. Seeing the villagers, the accused persons fled away. He also named Sheo Prasad Rai, Kapildeo Rai, Bigan Rai, Arjun Rai, Ramlagan Rai his brothers who came and before whom he had divulged the occurrence. They took the informant Badar Rai to hospital where he was undergoing treatment.

(3.) THE defence case as has been suggested by the appellants during course of cross-examining the witnesses as well as divulged during course of statement under Section 313 of the Cr.P.C. is that of innocence as well as complete denial of the occurrence. Although, no document has been filed on behalf of defence but a plea has also been taken that Jamum Sahani had instituted a case against P.W. 1 Nand Kishore Rai as well as Shiv Prasad Rai P.W. 4 wherein Pundeo Sahani father of Binod Kumar @ Jai Sahani and Buddhu Sahani father of appellant Satrughan Sahani and Bhuai Sahani stood as a witness and in the aforesaid background, they have falsely been roped in.