GOVINDRA SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Under the judgment, dated 31.05.1993, passed, in Sessions Trial No. 445 of 1991/95 of 1991, by learned 3rd Additional Sessions Judge, East Champaran, Motihari, the appellants, Govindra Sahni, Sant Sahni, Narayan Sahni, Chandradeo Sahni, Ram Prasad Sahni @ Jatahu Sahni, Chandrika Sahni, Sukan Sahni, Bhikhar Sahni and Sukhal Sahni, stand convicted under Section 302 read with Section 34 of the Indian Penal Code and appellant, Govindra Sahni, stands convicted under Section 379 of the Indian Penal Code too. Following their conviction under Section 302 read with Section 34 of the Indian Penal Code, the accused-appellants have been sentenced to suffer imprisonment for life. No further sentence has been awarded to the appellant, Govindra Sahni, for his conviction under Section 379 of the Indian Penal Code.

(2.) The case of the prosecution, as unfolded by the First Information Report, may, in brief, be described as under:

(3.) During investigation, inquest was held over Deo Pujan Sahni's dead body, which was also subjected to post mortem examination. The police also visited the place of occurrence and, having found small quantity of blood at the sugarcane field located close to the rahar field, where the deceased (Deo Pujan Sahni) had been shot, seized the blood stained earth and, on completion of investigation, charge sheet was laid, under Sections 302 and 379 read with Section 34 of the Indian Penal Code and also under Section 27 of the Arms Act, 1959, against nine accused persons, namely, Govindra Sahni, Sant Sahni, Narayan Sahni, Chandradeo Sahni, Ram Prasad Sahni @ Jatahu Sahni, Chandrika Sahni, Sukan Sahni, Bhikhar Sahni and Sukhal Sahni.