MOJAI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal has been filed against the judgment and order dated 21/11/1987 passed by the 1st Additional Sessions Judge, Saharsa in Sessions Trial No. 38 of 1985 whereby the appellants have been convicted for the offence under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) Most. Kokila Devi, the informant gave her fardbeyan on 13/5/1983 at 10 a.m. at her house in village Bhelwa before the Sub-Inspector of Police that yesterday i.e. 12/5/1983 after taking food her husband Mangan Sah was sleeping at the verandah of the house. She was also sleeping at the door of the room. Her son, Muneshwar Sah, was also sleeping near her husband. A lantern was burning in the verandah. She woke up hearing some sound and saw Mojai Sharma, Singheshwar Sharma, Kunjilal Sharma, Shobhi Sharma, Jai Narain Sah all of village Bhelwa and Sukhdeo Yadav of village Kushaha. Mojai Sharma had gupti in his hand. Kunjilal Sharma ordered to kill her husband to get his land vacated on which Mojai Sharma started giving blow with gupti. She protested on which Kunjilal Sharma told that she would also be killed. Her son also woke up. It was at about 11 p.m. Her husband started crying and she also started weeping and raised alarm on which the aforesaid persons ran away towards south. Her husband died then and there. On alarm Ganrup Mahto, Rama Kant Sah and others came. They also saw injuries on the person of her husband. The motive of the occurrence was that her husband granted purcha of a piece of land by the State Government, on which a house was constructed and they were living. The said land was purchased by the aforesaid persons from Basudeo Mandal and since then they were trying to oust them. There was a panchayati at the instance of the mukhia and at his instance some of them executed sale deed in his favour but they were not satisfied and were searching an opportunity to take revenge and due to the aforesaid reasons her husband was killed.

(3.) On the aforesaid fardbeyan a formal first information report was drawn, investigation was taken up and on completion of investigation, charge-sheet was submitted against nine per-sons, cognizance was taken and the case was committed to the Court of Sessions for trial. The trial Court convicted and sentenced the appellants as indicated above.