SITA SHARAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All ten appellants were tried for committing murder of two persons and accordingly they have been convicted under various sections. Appellant Bibhuti Saran Jha @ Nunu Sharan Jha has been convicted and sentenced to undergo R.I. for Life under Section 302 IPC and to pay a fine of Rs. 1,000/- and in default to undergo R.I. for three months. He has further convicted and sentenced to undergo R.I. for one year under Section 27 of the Arms Act. Appellant Sita Saran Jha has been convicted and sentenced to undergo RI for Life and to pay a fine of Rs. 1,000/- and in default to undergo R.I. for one year under Sections 302/109, IPC. He has further been convicted and sentenced to undergo R.I. for one year under Section 27 of the Arms Act. Rest eight appellants, namely, Saryug Sharan Jha, Khokha Sharan Jha, Sushil Sharan Jha, Lallan Sharan Jha, Shiv Shankar Jha, Uma Shankar Jha, Brahma Nand Jha and Bhola Tahakur have been convicted and sentenced to undergo R.I. for Life and to pay fine of Rs. 1,000/- each and in default to undergo R.I. for three months under Sections 302/149 IPC. All the ten appellants have further been convicted and sentenced to undergo R.I for one. year under Section 148, IPC. All sentences have been directed to run concurrently.

(2.) The case of the prosecution in short is that on 31.7.1981 at 6.00 p.m. one Muslim Kabari (PW 5) informed the informant/complainant Dahu Nada (PW 7) that his two brothers, namely, Mokim Nadaf and Hamid Nadaf (since dead) had gone to village Manpaur where there was likelihood of Marplt. Thereupon the informant/complainant alongwith Sonafi Das (PW 3) rushed to village Manpaur and saw a large crowd at Pokhra's Land situated towards east in the village. There he also saw all the ten accused-appellants variously armed with deadly weapons. Accused- appellant Sita Saran Jha was armed with gun and rest were armed with bhala, gransa, gupti etc.

(3.) Further case of the prosecution is that accused-appellant Sita Saran jha handed over his gun to accused-appellant Nunu Saran Jha, who on his order opened three fires which caused injuries to deceased Mokim Nadaf and Hamid Nadaf and also to Bihari Sah (PW 6) on his chest. Both brothers, namely, Mokim Nadaf and Hamid Nadaf fell on the ground and thereupon rest accused-appellants assaulted them with their respective weapons as a result of which both died at the spot. It is further alleged that in said occurrence accused-appellant Saryug Saran Jha also received some injuries. Old litigation and land dispute were said to be motive for the murder.