RUDAL SAHNI Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) ALL the three appeals arise out of same judgment and order dated 6/9.07.2002 passed in Sessions Trial No. 72/2000/21/2001 by learned 3rd, Additional Sessions Judge, Sitamarhi.

(2.) By the said impugned judgment all the 7 appellants have been convicted for the offence u/s. 302 read with Section 149 of the Indian Penal Code and awarded life imprisonment and also a fine of Rs. 5,000.00 each and in default rigorous imprisonment for two years. They have also been convicted for the offence u/s. 27 of the Arms Act and awarded rigorous imprisonment for three years and a fine of Rs. 1,000.00 each and in default rigorous imprisonment for six months. The sentences have been ordered to run concurrently. The prosecution case is based upon Fardbeyan of P.W. 8, Nagia Devi, wife of deceased Chandradeo Sahni. In short, it is to the effect that in the night of 29.8.99 and 30.8.99 while the deceased was sleeping on a separate Chauki in his Baithka in village Badhu Chapra, P.S. Bairgania, District Sitamarhi and the informant was sleeping on a separate cot nearby, at about 12.30 the informant heard some sound and got up and saw 7 named accused persons variously armed with gun and pistol. Immediately on their arrival they started firing indiscriminately on her husband 'sface. The first shot was fired by appellant Saryug Sahni followed by all others. The informant claimed to have seen the occurrence while sitting on her bed in the light of a lantern. After firing 12 to 14 shots within 4 -5 minutes and having killed her husband the miscreants fled away. She raised hulla. At the time of fleeing away Saryug Paswan made some utterances to the effect that their work was finished. The informant claimed that when the miscreants had gone on the Ring Bundh towards east at that very time her son Dharmendra Sahni (P.W. 2) arrived on hulla and saw and identified the miscreants. Further Shankar Sahni, Yugal Sahni, Indradeo Sahni, Dhanpat Sahni and several other persons of the village came and saw the miscreants running away. She further disclosed that in the morning of 30.8.99 she came to know that on the bank of Bakeya river blood -stains and some materials have been found and on that basis she suspected that her son Achchaya Lal Sahni who had gone with Rup Narain Sahni, Rudal Sahni, Asrafi Das, Ram Naresh Sahni and Saryug Sahni may have been killed and his dead body might have been thrown in the river. She alleged that her husband and son may have been murdered on account of a dispute over land purchased by her husband from one Sheikh Wasirulla which was earlier in forceful possession of Saryug Sahani but later her husband constructed a Baithka after purchasing the same.

(3.) FURTHER prosecution case is that before recording the aforesaid Fardbeyan of the informant on 30.8.99 at 11.15 A.M. at the place of occurrence, the investigation was conducted by P.W. 10, the Officer -in -Charge of Bairgania Police Station, Anand Kumar Verma and he had first prepared the inquest report of the dead body then recorded the fardbeyan because the informant at the relevant time was crying. After investigating the place of occurrence and seizing certain articles during the course of investigation such as parts of human body (bones) from the side of river, police submitted charge sheet. After taking cognizance of the offence, the case was committed to the Court of Sessions. The appellants pleaded not guilty to the charges and were put on trial leading to their conviction as noticed above.