RAM NATH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 27.7.1996 passed by 1st Additional Sessions Judge, Chapra in Sessions Trial No. 422 of 1988 convicting and sentencing the appellants to undergo imprisonment for life u/s. 302 of Indian Penal Code (in short "IPC").

(2.) THE case of prosecution, in short, is that on 13.11.1986 at about 8.45 A.M., deceased Durga Sah, father of informant -Kanhai Lal Sah (P.W. 7) sitting at his Darwaza with informant, was washing his mouth when all the appellants came there. Appellants Ram Nath Sah and Shravan Sah were armed with lathis, appellant Mandeo Sah was armed with Farsa and appellants Satyadeo Sah, Deo Nath Sah and Laxman Sah were armed with daggers. Appellants caught hold of father of informant and took him in the field of appellant Ram Nath Sah where appellant Ram Nath Sah and Shravan Sah started assaulting him with lathis, appellants Satyadeo Sah, Deo Nath Sah and Laxman Sah with daggers and appellant Mandeo Sah assaulted on his with Farsa. The informant and his father raised alarm and informant tried to rescue his father when appellant Ram Nath Sah gave two to three lathi blows on him causing injuries to his left and right arm. On hulla, Bhola Sah (P.W. 4) and Nand Lal Sah (P.W. 1), own brothers of informant, Sakla Devi (P.W. 5), mother of informant, Kalawati Devi (P.W. 2), wife of informant and villagers Dhaneshwar Singh (not examined) and Ganesh Sah (P.W. 3) came there and saw the occurrence. On their arrival, all the appellants fled away. The informant saw his father was groaning and he saw Farsa injury on his head and dagger injuries on his chest and back. Father of informant died at the spot on account of excessive bleeding. The informant, on the same day at about 12.45 P.M. lodged First Information Report (Exhibit -1) in which cause of occurrence is stated to be land dispute and old enmity. A case under Ss. 147, 148, 149, 342, 323 and 302 of IPC was registered against the appellants and police, after investigation, submitted chargesheet against them. Charge u/s. 302 of the Indian Penal Code against all the appellants and additional charge u/s. 323 of the Indian Penal Code against appellant Ram Nath Sah were framed and the appellants were put on trial and after trial, they were held guilty and were convicted and sentenced, as stated above.

(3.) NOW it has to be seen how far prosecution has been able to prove its case beyond all reasonable doubts.