TUNTUN SAH 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.) IN order to establish the prosecution case, prosecution has examined nine witnesses but has not examined the Investigating Officer (IO) who conducted the investigation. PW 9 Bishundeo Prasad is the IO who merely submitted chargesheet. PWs 7 and 8 are the two doctors who conducted the post mortem examination of Tarni Sao and Suresh Sao, the two deceased. In their evidence, there are only two important facts to be noted. Firstly, that both the deceased were brutally assaulted on the head. There were multiple injuries resulting in their death and that doctors do not rule out the possibility that injuries were caused were of lathi. The second aspect is that both had their bladders and stomach empty though they are supposed to have been killed at about 4 am which apparently is not consistent to prosecution case that they have taken their meals before they went to sleep at about 12.30 pm at night.