GANGA PD SAH Vs. STATE

JUDGEMENT

(1.) BOTH Criminal Appeal No. 284 of 1988, and Criminal Appeal No. 285 of 1988, have been preferred against the common judgment and order dated 23.5.1988, passed by the 4 Additional Sessions Judge, Saharsa, in S.T. No. 28 of 1984. In Criminal Appeal No. 284 of 1988, there are five appellants, namely, Ganga Ram Sah, Sita Ram Sah, Pitambar Sah, Jagdish Sah and Umesh Prasad Bhagat. In Cr.Appeal No. 285 of 1988, there is only one appellant namely Ram Chandra Sah. By common judgment, all the five appellants in Cr.Appeal No. 284 of 1988 have been convicted for charge under Sections 302/149, 147 of the Indian Penal Code. However, appellant Ganga Ram Sah has additionally been convicted under Section 302/109 I.P.C. also, whereas Pitambar Sah and Sitaram Sah have been convicted under Section 323 of the Penal Code. All five appellants have been sentenced to undergo rigorous imprisonment for life, under Section 302/149 and no separate sentence has been passed for conviction under other counts. The sole appellant Ram Chandra Sah in Cr.Appeal No. 285 of 1988 has been convicted under Section 302 of the Penal Code and sentenced to under go R.I. for life.

(2.) THE prosecution case, as made out in the fardbeyan of Jogendra Narayan Sah, the informant, son of late Suraj Sah, resident of Village - Birgaon, Nayatola, P.S. Mahishi, District Saharsa, recorded by Shri Yogeshwar Singh, Sub Inspector of Jalai O.P., on 27.6.1983, at 11 A.M., in short, is as follows:

(3.) UDAY Chandra Sah (P.W. 1) in his deposition supported the prosecution case as stated in the fardbeyan. He stated that the cattle of appellant Ram Chandra Sah had grazed their field. They took the Panches to the field in proof of their allegation, in presence of Ram Chandra Sah and his associates. In the meantime, an altercation took place, and appellant Sita Ram Sah assaulted Bauku Sah (P.W.2) with lathi on his hand and on his left thigh. The Panches separated both sides and assured to settle the dispute. Thereafter, informant and his cousin returned home. As soon as he reached his house, he saw appellant Ram Chandra Sah armed with gun and other appellants armed with lathi to have arrived there. He stated that at the instigation of Ganga Ram Sah and Sukhdeo Sah, the appellant Ram Chandra Sah opened fire, causing injuries on the chest, face and mouth of Ram Udgar Sah who died instantly. He also sustained pellet injuries on the left side of his head. He further stated that the wife of Sagar Sah and one Ful Kumari, daughter of Bhagan Sah, also sustained pellet injuries. One bull of Prem Sah also sustained pellet injuries. Pitambar Sah also assaulted his brother Yogendra Sah with lathi on his head. He had not seen any injury on the person of Ganga Ram Sah, Sukhdeo Sah and Sita Ram Sah. He admitted that appellant Ganga Ram Sah has also filed a counter case.