BRAHMDEO SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal arises out of judgment of conviction dated 9.4.1992 passed by the learned 3rd Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 96 of 1987 by which the four appellants were convicted of offence under Sections 302/34 of the Indian Penal Code. The appellants were heard on sentence on 10.4.1992 and each of them was directed to suffer rigorous imprisonment for life for committing the offence. The appellants have come up before this Court in appeal.

(2.) THE deceased Ram Manohar Kapar was the brother of the informant Ram Tanuk Kapar (P.W. 14). The informant stated that he had sent his brother on 24.8.1984 to Mahisaur for realizing some money to go out of his village as he had received an information that a meeting was held at the residence of appellant Brahmdeo Sahni a few days back in which the four appellants had decided to eliminate Ram Manohar Kapar, who was the main hurdle in divesting the informant from possession of the land which he had purchased through a registered deed of sale.

(3.) THE informant stated that on 26.8.1984 at about 8 A.M. he was informed by P.W. 3 Brahmdeo Sahni that the dead body of his brother was lying in Shiva chaur. The informant and others went there and found the dead body of his brother lying. The other persons of the village had also assembled there, out of whom, P.W. 7 Lalan Kapar, P.W. 6 Bindi Sahni and P.W. 5 Kaleshwar Sahni stated to him that in the previous evening while they were at Mahipura pethia (village market), they had seen the four appellants roaming around and also sitting by the side of a toddy shop situated at the market place. The above -named witnesses further stated to the informant that while they were coming back to the village, they had seen the present set of appellants sitting by the side of the road and when they had enquired from appellant Brahmdeo Sahni about the purpose of sitting together at a place, the said appellant stated that they were on a wait for a prey and thus, it was inferred that the present set of appellants had committed the murder of Ram Manohar Kapar.