HARINANDAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals by the four appellants is against the judgment of conviction and order of sentence dated 12.05.1992 passed by the Additional sessions Judge II, Munger in Sessions Trial No. 67 of 1990 whereby all the four appellants have been convicted for offence punishable under Sections 302/34 of Indian Penal Code (IPC) and sentenced to rigorous imprisonment for life.

(2.) IT may be noted that appellants Arun sao and Harinandan Sao are brothers and appellants Tuintun sah and Nepali Sah are brothers. They have been charged with committing murder of Tarni Sao and his son Suresh Sao being the husband and son respectively of the informant Anchhi Devi (PW 1) whose daughter is Pabitri Devi (PW 2).

(3.) THE prosecution case is based upon the Fardbayan of PW 1 Anchhi Devi recorded at about 5 am in the morning of 05.11.1989 which was the night of "Chath". It is, inter alia, alleged that the informant's husband and son, after taking their meals, had gone to sleep in the hutment made on the roof of the house at about 12 -12.30 at night. At about 4 am, on 05.11.1989, this witness heard the cry of her son. She came out of the house and found the four appellants allegedly descending from the roof by the bamboo ladder. They then brutally assaulted her husband. She then went on the roof and found her son killed having been brutally assaulted. The motive is some past rivalry. Upon the Fardbayan being lodged with the ASI of Piri Bazar Outpost, inquest was prepared which has been brought on record. It may be noted here that if one refers the inquest, as prepared in respect of the husband of the informant Tarni Sao, it shows that his dead body was found on the cot outside in front of his house on the road and that of his son on the roof of the house on a cot. Police, upon investigation having submitted chargesheet against the four appellants, the case was committed to the Court of Session and the appellants, having pleaded not guilty, were tried and convicted.