WAKIL SAH & ORS Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned APP for the State.

(2.) This criminal appeal has been preferred on behalf of the three appellants for setting aside the judgment dated 31st Day of May, 1995 passed by learned Additional Sessions Judge-VII, Munger (hereinafter referred to as 'the trial court') in Session Case No.7 of 1993 by which the learned trial court has been pleased to convict all the appellants under Section 302 / 34 I.P.C. and all of them have been sentenced to undergo imprisonment for life for the offence under Section 302 read with 34 of the Indian Penal Code , individually.

(3.) The prosecution case as appearing from the records of the trial court was initiated on the statement of one Kari Devi (PW-3) widow of the deceased Mukho Sah of village Lochi. According to informant, there was a land dispute between the prosecution party and the accused persons who happened to be own gotiyas. On 15.05.1992 at about 7 P.M., allegedly the informant's husband returned home after work from Jamalpur, accused Wakil Sah (appellant no.1) hurled abuses and on protest by the Mukho Sah the accused Wakil Sah, Janardan Sah, Mohan Sah, Jhari Sah and Babloo Sah all gotiyas armed with Garasi, Lathi and Khanti arrived, Wakil Sah (appellant no.1) is said to have overpowered husband of the informant and Janardan Sah fell him on the ground and cut off his both legs in between knee and ankle. It is further stated that the accused Wakil Sah and Mohan Sah began to press the informant's neck by putting Khanti and on raising alarm the husband was threatened to keep mum. However, when the informant raised hulla, she was threatened by Janardan Sah that she and her children shall also be killed if she would raise hulla. The informant allegedly became silent but out of afraid she soughted whereupon the co-villages Basant Singh, Muki Manjay and several other persons rushed, at this stage all the accused persons fled away. It is stated in the fardbeyan of the informant that co-villagers took her husband for treatment but even as they reached near the road her husband died. She alleged that her husband has been killed by the accused persons by cutting his both legs and then due to pressing of his neck by Khanti.