MOTI LAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction, dtd. 7/7/1995 and the order of sentence, dtd. 13/7/1995, passed by learned 1st Additional Sessions Judge, Madhubani, in Sessions Trial No. 05 of 1983/90 of 1985, arising out of Basopatti Police Station Case No. 41 of 1981, whereby the sole surviving appellant, namely, Uttim Sah, was convicted for the offences punishable under Ss. 302 and 201 read with Sec. 34 of the Indian Penal Code. For the conviction under Sec. 302 of the Indian Penal Code, the appellant has been convicted for life imprisonment and for the conviction under Sec. 201 of the Indian Penal Code, the appellant has been convicted to undergo rigorous imprisonment for seven years.

(2.) The prosecution case, as unfolded in the written report lodged by the informant, Ramdev Sah (PW 7), is that in the morning of 5/6/1981, at about 8 AM, when he went to the matrimonial home of his daughter at Village Parsa, the co-villagers of the appellant, namely, Halkori Sah, Jugul Lal Yadav and Mahendra Sah, informed him that his daughter had been killed in the previous night at 9 PM and her body had been burnt.

(3.) The informant alleged that on the preceding Monday, the son-in-law of the informant, Uttim Sah, had left her daughter in village Vishol after assaulting her, and that information was received by Ramji Sahu, who brought her to her parental home. Thereafter, the informant, along with her daughter, went to village Parsa and convened a panchayati, and in the said panchayati, the Panches decided that thew informant will give a buffalo and ? 500/-, and in the morning of the occurrence, the informant had come to inform that he will give the buffalo, but he could not give the cash amount at present, but he came to know that his daughter ha been killed and her dead body was burnt by Surat Sahu, Sheetal Sah, Moti Sah, the appellant Uttim Sah, Sundar Paswan, Chowkidar Ramavatar Paswan and the Gram Sevak.