STATE OF BIHAR Vs. GANESH SAH

JUDGEMENT

(1.) THE Death Reference and the two connected Appeals have been heard together and are being disposed of by this common judgment.

(2.) APPELLANT, Ganesh Sah, has been convicted for offences under Sections 302 and 120b of the IPC for which he has been sentenced to death and RI for 7 years respectively. His wife, appellant Dana Devi has also been convicted for the same offences. For the offence under Section 120b of the IPC, she has been awarded the same sentence of ri for 7 years but for offence under Section 302, IPC, she has been sentenced to life imprisonment and also a fine of Rs. 50,000, out of which Rs. 40,000 is payable to wife of deceased Suresh Sah and in default, she is to undergo RI for a further period of two years. Her sentences are to run concurrently.

(3.) THE alleged occurrence took place on 31-8-1999 at 11 pm. The Fardbeyan of informant Ripal Devi (PW1) was recorded on 1-9-1999 at 5. 00 am at the place of occurrence which is house of deceased Ram avatar Sah, his wife deceased Draupati Devi and his son deceased Suresh Sah which is at a distance of 8 km from the concerned khanpur police station. Informant Ripal Devi is daughter of deceased Ram Avatar Sah as well as sister of appellant Ganesh Sah who along with his wife and another has faced this trial for the murder of his parents and his brother. According to the Fardbeyan, the appellants had committed the offence with the help of and in conspiracy with accused yoga Poddar (since acquitted) and the two absconding accused Arjun Sah son of appellant Ganesh Sah and Lalit Kumar Sah, his brother-in-law. In the Fardbeyan the informant claimed that on account of illness of her mother deceased Draupati Devi, she had come to her parents village from her husband's place about 11/2 month ago. In the night of the occurrence, her father, mother and brother, the three deceased, went to sleep outside after taking meal at about 9. 00 pm. Her father and brother slept on Khat and Chauki in open Sahan land and her mother slept in Dalan. The informant slept with her daughter near the door. On hearing sound of crying and sobbing from outside at about 11 PM, she woke up and came out from house. She saw appellant ganesh Sah assaulting at the neck of her younger brother Suresh Sah with a Garansi (a sharp cutting weapon) and her co-villager yoga Poddar was cutting the neck of her father with a Garansi in hand. Accused Lalit kumar Sah had tightly pressed the legs of her father. On her raising alarm the said three accused started fleeing towards west. In the meantime she saw accused Arjun Sah and appellant Dana Devi and an unknown person coming out from Dalan. Arjun was armed with Dabia (a sharp cutting weapon)and the unknown person was having garansa. They also started fleeing towards west. She recognized all of them in moonlit night and in the light of torch. She found that necks of her father and brother were half cut and they had died. Then she went to see her mother in the Dalan situated by the side and found cut injury on her neck and also an injury in her back and she was unconscious. She saw blood oozing out of the wounds. On her cry and alarm many co-villagers came to whom she disclosed about the occurrence. Her brother Suresh sah deceased, had come from Ranchi only a day before and his wife had gone to her parents village on the occasion of Rakesha bandhan. The informant further disclosed that her father had about 5-6 Bighas of land. Her elder brother appellant Ganesh Sah had separated from his parents after marriage about 16-17 years ago. At that time her father had verbally gifted him 1. 25 Bighas of land for livelihood. About 3 years ago appellant Ganesh Sah got further 10 Kathas of land registered by his father in favour of his wife on false promise that he would take care of his food etc. When he stopped providing him food, her father took back 1. 25 bighas of land from Ganesh and thereafter he executed sale deed (Exhibit 4) for 15 kathas of land each in favour of the informant and also in favour of her sister hemanti Devi. Since then Ganesh, his son arjun and Dana Devi used to threaten her parents and Suresh Sah for their life. In case of altercation in the past her uncle Ram pratap Sah and his sons usually favoured ganesh Sah and hence, they did not come to the place of occurrence immediately after hearing her alarm at the time of occurrence although they were sleeping at a close distance. She further alleged that Lalit Kumar sah brother-in-law (wife's brother) of ganesh Sah and his son had come to house of Ganesh Sah only a day before and while taking their meal they had threatened that they did not hesitate in kidnapping and killing during day time hence there was no reason to be afraid in the night. The informant claimed that her elder brother Ganesh, his son Arjun, Dana Devi, her co-villager Yoga poddar, Lalit Kumar Sah and an unknown person had committed murder and assault with common intention due to dispute on the issue of partition of land.