BADAN DHANUK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the above stated criminal appeals arise out of the same Judgment of conviction and sentence order dated 05.10.1994 passed by the learned Sessions Judge, Gopalganj, in Sessions Trial No.21 of 1993, therefore, both the above stated criminal appeals have been heard together and are being disposed of by this common Judgment.

(2.) P.W.2 Laichi Devi gave her fardbeyan to P.W.5 on 23.03.1992 at about 04.00 A.M. to this effect that in the previous night, i.e., on 203.1992 at about 08.00 P.M., she was cooking meal in her house, while her husband was sitting in his courtyard. In the meantime, the appellant Badan Dhanuk raised alarm that his buffalo let untied and having heard the aforesaid alarm, her husband came out of the house and she also followed him. She further stated that her husband was going to catch the buffalo but the appellants caught him and, thereafter, the appellant Ganesh Sah alias Mahesh Sah gave dagger blow at his chest, as a result whereof her husband fell down on the ground and died then and there. The appellants alongwith dagger fled away towards west-east side. She raised alarm, which attracted Rajesh Kumar Singh (P.W.3) and Ragho Pandey as well as others, who witnessed the occurrence. She stated that the appellants committed the alleged crime on account of previous litigation and enmity.

(3.) On the basis of the aforesaid fardbeyan, a police case for the offences punishable under Sections 302/34 of the Indian Penal Code was registered and formal F.I.R. was drawn up against the appellants.