KALE MAIN AND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been heard together and are being disposed of by the common judgment as they have arisen out of common judgment of conviction and sentence passed by the 4th Addl. Sessions Judge of Muzaffarpur in Sessions Trial No. 48 of 1990. The appellants in both the appeals have been held guilty for committing murder in furtherance of their common intention punishable under Section 302 read with Section 34 of the Indian Penal Code and are sentenced to undergo imprisonment for life.

(2.) As the prosecution story goes, in the evening on 3-1-1989 at about 7 deceased Rambriksh Sah of village Methurapur Bharthi within Maniyari police station in the district of Muzaffarpur was returning home from Madarsa Bazar after selling his merchandise. When he reached at the "Chaur" of village Bangara Chouri situated hardly at a distance of 1 K.M. from his village he was waylaid and stabbed. On his cries for help his co-villagers rushed to the Chaur to find that the said Rambriksh Sah was lying injured in the field of one Abbas Mian near a culvert. He was gasping for life. However, on enquiry he disclosed that "Budhna" had stabbed him and fled. He wanted to disclose some other name or names but could not do so and lost his senses never to regain. He was taken to hospital at Maniyari where the doctor advised him to be taken to Muzaffarpur. On way to Muzaffarpur injured Rambriksh Sah breathed his last. Therefore, his dead body was brought home and information sent to the police at Maniyari. On such information, a Sub-Inspector of Maniyari police station reached village Methurapur Bharthi early in the morning on 4-1-1989 and recorded the fardbeyan (Ext. 5) of one Ram Nandan Sah related to the deceased as his nephew. Police registered a case of murder against the appellant in Cr. Appeal No. 30/91 and took up investigation. In course of investigation complicity of the appellant in Cr. Appeal No. 1/91 also came to light. Therefore, both of them were put on trial for committing murder of the deceased and have been convicted and sentenced as stated above, after full trial.

(3.) The defence of the appellants is total denial of their involvement in the murder of the deceased and false implication.