SATISH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Satish Sah has been convicted for offence under Section 302, of the Indian Penal Code (for short IPC) and sentenced to undergo rigorous imprisonment for life. Appellants, Ambika Sah and Sahdeo Sah have been convicted for the offence under Section 302/34, IPC and sentenced to undergo rigorous imprisonment for life. Appellant, Satish sah has been acquitted of the charge under Section 27 of the Arms Act.

(2.) A first Information Report ( Ext. 3) was lodged on 4-2-1987 at 9 A. M. by informant, Khantar Sah (p.w. 7) father of the deceased Janardan Sah. In the report, it has been said that on the night of 3/ 4/02/1987, at about 8 p.m., the (informant), his son Janardan Sah and one co-villager, Ram Kishore Kapri (p.w. 2) had gone to guard his pumping set situated in Bahiar. Towards east of the pumping set after putting two cots for protection from the cold and after spreading pual beneath the cots, they slept there. The informant was sleeping towards the east and Ram kishore Kapri was in the west and in between them, the deceased Janardan Sah was sleeping. It was at about 1.30 PM the night that four persons came there and put the both cots on them and pressed them on account of which, the informant, his son and the co-villager woke up. All the miscreants began to assault them, upon which the informant said them as to why they are beating them by the hurra of lathies up on which, the three appellants asked the informant to keep quiet otherwise, he will be killed. Satish Sah fired a shot on Janardan Sah hitting in his right temporal region above the year. Then all the four persons ran away after the assault was over. They were resident of village Nonihari and so, the informant identified them by their voice and also in the light of lantern which was burning on the spot from before. Out of four of the miscreants, one person could not be identified who was about 5 ft. in height. The motive for offence was that about three months earlier than the occurrence, there was a dispute about all (boundary) of the field with the accused and for that reason, they had killed Janardan Sah by firing. On alarm, many people came to the spot whom, the informant gave out about the occurrence.

(3.) On the basis of the said first information report, the Investigating Officer reached the spot and found the dead body there. Inquest report was prepared before the witnesses and the dead body was sent for post mortem examination. He also prepared the injury report ( Ext. 6) of the informant. He inspected the place of occurrence and found the pumping set machine and pual. He found blood on the ground, but did not seize the blood stained earth. He prepared the seizure list ( Ext. 4 and 4/1) for the pual and blood stained lungi. After completing investigation, he submitted charge sheet against the appellants only, as the fourth accused could not be apprehended.