BISHWANATH SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment of conviction dated, 30.05.2003 and Order of sentence dated, 2.06.2003 passed by the fourth Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 122 of 2002 Appellant Munilal Sahni has been convicted for the offence under Ss. 302, 394, 412 of the Indian Penal Code and also u/s. 27 of the Arms act and has been sentenced to undergo imprisonment for life u/s. 302 of the Indian Penal Code, R.I. for seven years u/s. 394 of the Indian Penal Code, R.I. for three years u/s. 412 of the Indian Penal Code and R.I. for one year u/s. 27 of the Arms Act. Appellant Biswanath Sahani has been convicted u/s. 302/34 of the Indian Penal Code and has been sentenced to undergo imprisonment for life. Appellant Sanichar Sahani has been convicted u/s. 120B of the Indian Penal Code and has been sentenced to undergo imprisonment for life. All the sentences of Appellant Munilal Sahani have been directed to run concurrently.

(2.) THE informant Luxman Chaudhary (PW 7) is the full brother of the deceased/victim Bhola chaudhary. They had a hardware shop at Mohalla Gudri Bazar. On 12.10.2001 at 8.30 p.m. both the brothers along with Bimal Chaudhary (PW1) Anil Kumar Verma (PW 5) and one Jawahar Prasad (not examined) were returning to their houses situated in Mohalla Nakhas. At about 8.45 p.m. they reached near the STD booth of (PW 8) Upendera Kumar situated near Masjid Chowk, the victim Bhola Chaudhary was ahead of two others having black bag in his hand containing sale proceeds of Rs. 11,000.00 and keys of the shop. In the mean time, all of a sudden four miscreants appeared who surrounded the victim and attempted to snatch the hand bag. The victim resisted upon which one of them fired upon him which hit on his back. He fell down and, thereafter, the assailant snatched the bag containing cash etc. The informant and others raised hulla upon which all the miscreants fled away. All the miscreants were identified in the street light as Appellants Biswanath Sahani, Munilal Sahani, Goru Paswan and Kishore Thakur. Munilal Paswan was identified as the man who fired upon the victim and snatched the bag from him.

(3.) AFTER the occurrence the informant with the help of others brought the victim to Sadar Hospital, Hajipur where he was declared dead. The Police of Hajipur Town Police Station came in the hospital immediately and recorded the fard beyan (Exh. 5) of the informant (PW 7) On the same day in the night post mortem was conducted by Dr. Rajendra Prasad Khethan (PW 6). PW 12 Shambhu Saran Prasad Singh S.I. investigated the case and ultimately submitted charge sheet against these Appellants and final against rest two accused namely, Goru Paswan and Kishore Thakur.