RAM PRAVESH SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the above mentioned appeals have been filed by one person. Cr. Appeal No. 122 of 1988 was filed by the appellant himself whereas Cr. Appeal No. 65 of 1990 was filed on his behalf from jail. As such both the appeals have been heard together so both are being disposed of by this common judgment. The appellant Ram Pravesh Sahni along with four other persons, namely, Bhulan Sahni, Jamdar Sahni, Sheonath Sahni and Channa Sahni faced trial for offence under Sections 302, 148, 323 and 302/149 of the Indian Penal Code and by judgment dated 21.1.1988 the appellant was found guilty for offence under Section 302 of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment for life.

(2.) Other accused persons were acquitted as the prosecution has failed to prove the charges against them.

(3.) THE case of prosecution as noted in Ketharia P.S. Case No. 9 of 1987 has resulted on the basis of fardbeyan of PW 9 Anandi Sahni wherein he alleged that this appellant along with other accused persons committed various overt acts. Specific allegation against the appellant was that he stabbed upon informant 'sson Sheoshankar Sahni on his chest as a result of which Sheoshankar Sahni received injury, fell down on the earth and succumbed to the injuries. According to the allegation that occurrence was seen by Kapildeo Sahni (not examined), Bharat Sahni (PW 6), Punaydeo Sahni (PW 7) and others. After investigation the police submitted charge - sheet against five accused persons including the appellant. The charges were framed. The defence of the appellant was that he has been falsely implicated due to previous dispute with regard to some land.