DARSHAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants of both these two appeals out of whom appellant Devendra Shah has been found guilty for an offence punishable under Section 302, 148 of the IPC and been directed to undergo RI for life under Section 302 of the IPC but having no separate sentence with regard to Section 148 of the IPC, while remaining appellants namely Darshan Sah, Ramjee Sah, Pati Lal Sah and Ramanand Sah have been found guilty for an offence under Sections 323, 148 of the IPC and been directed to undergo RI for one year under both count respectively with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 18.01.1989 passed by the learned 1 st Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 237 of 1989 led institution of instant appeal.

(2.) P.W. 6 Sanjay Kumar Singh gave his fardbeyan (Ext. 1) on 20.01.1987 at 10.30 a.m. at P.M.C.H., Patna disclosing therein that on 16.01.1987 at about 9.00 a.m. his covillager Devendra Sah and Bindeshwar Sah were quarreling over construction of drain wherein his father intervened and scolded Devendra Sah as he was on wrong footing. Meanwhile on an order of Pati Lal Sah (his father), Devendra Sah, Ramji Sah, Darshan Sah and Ramanand Sah armed with Lathi, Bhala, Khanti and Spade began to assault. Devendra Sah gave Khanti blow over head of his father Rajbanshi Sah causing severe injury thereupon and on account thereof, he became unconscious and fell down. Even then, assault continued. On hue and cry Ram Swarath Singh, Birendra Singh, Wali Singh along with others arrived at the place of occurrence seeing whom, the accused persons escaped therefrom. It has further been disclosed that the villagers have chased Devendra Sah and have also assaulted him. Then thereafter his father was lifted to Sadar Hospital, Hajipur therefrom, was referred to P.M.C.H. He is still unconscious and as per opinion of the doctor, his condition is not well.

(3.) The aforesaid fardbeyan was accordingly transmitted to Lalganj police station, as the place of occurrence lain within its jurisdiction, and on the basis thereof Lalganj P.S. Case No. 5 of 1987 was registered. During course of investigation the injured had died and that being so, the charge sheet was submitted under Section 302 along with other ancillary Sections whereunder cognizance was taken. Ultimately the appellants faced trial and convicted hence this appeal.