MOHAN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants, namely, Mohan Das as well as Arjun Das have been found guilty for an offence punishable under Section 307/34 IPC and each of them has been sentenced to undergo RI for 7 years as well as to pay fine of Rs. 5,000/- in default thereof, to undergo SI for two months additionally vide judgment of conviction dated 11.12.2014 and order of sentence dated 16.12.2014 passed by 3rd Additional Sessions Judge, Khagaria.

(2.) Pw-6, Shyam Sunder Sah while was admitted at Emergency Ward, Sadar Hospital, Khagaria on 12.06.2012 at about 6.15 AM before O/C, Pasraha PS, alleging inter alia that on 11.06.2012 at about 6.00 PM while he was at his house, Mohan Das and Arjun Das called him to receive Rs. 6,000/-. When he reached at Balia and demanded Rs. 6,000/- which they owed against electrical items whereupon Mohan Das directed him to come to his Sasural where payment will be made. Then thereafter, all the three proceeded over motorcycle. As soon as they were south to Pasraha Railway Crossing, Mohan Das parked his motorcycle. After getting down therefrom, Mohan caught hold of him while Arjun repeatedly gave Chhura blows. Then thereafter, he was thrown on the ground and Chhura blow was given over his neck in order to slit. Subsequently thereof, finding him dead, they escaped therefrom. Later on, Pasraha police came, lifted him to the hospital where treatment was done.

(3.) On the basis of aforesaid Fard-e-beyan, Pasraha PS Case No. 41/2012 was registered followed with investigation as well as submission of the charge-sheet whereupon, trial commenced and concluded in a manner, subject matter of the instant appeal.