UMESH SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant has preferred this appeal against the judgment and order dated 25.5.2001, passed by the 5th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 359 of 1999 whereby and whereunder he has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution started on the fardbeyan of Fuljhari Devi recorded by SI of Jandaha Police Station on 28.1.1999 alleging that on the same day at about 11.30 a.m. While her husband Raghunandan Sahni was taking meal and she herself was brushing her teeth in front of their shop, all accused persons came there and started abusing her over the drying of the paddy on road and opening of the shop. Fuljhari Devi, her son Sanjeet Sahni and one Dhanik Lal Sahni protested their behaviour on which, on the order of Sushila Devi, Umesh Sahni gave sickle blow causing injury on the right fingers of Phuljhari Devi. She was thrown on the ground by Umesh Sahni causing injury on her head. The husband of Fuljhari Devi Raghunandan Sahni intervened in the matter and accused Sushila Devi asked her son Awadhesh Sahni to bring "Musar" from the house Awadhesh Sahni came with "Musar" and gave it to Umesh Sahni who assaulted on the head of Raghunandan Sahni which proved fatal. The villagers came at the spoton alarm raised by Fuljhari Devi and her sons and witnessed the occurrence. The accused persons thereafter fled away.

(3.) THE defence of the appellant is of innocence and complete denial of his involvement in the case and false implication on account of family dispute and rivalry.