CHOTAN NONIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the five appellants in this appeal are own brothers and they are residents of village Najardih Tole Balchand Bigha, P.S. Nawadah in the district of Nawadah. Informant Tori Nonia along with his wife and grand son lived in the same Tole of the same village. In the night between 16 -17th April, 1985 Tori Nonia was sleeping on Osara of his house while his wife Kunti and grand son Radhe Shyam were sleeping in the room adjacent to Osara. His son was employed somewhere in Dhanbad on the relevant date. His son used to send money to his father from time to time.

(2.) In the night at about 1.00 a.m. Tori Nonia noticed two persons entering his house through the window of mud wall of his house. Both the miscreants reached where Tori Nonia was sleeping and started pressing his neck to which Tori Nonia protested, whereupon miscreants caused injuries on his neck hand etc. He raised alarm whereupon his wife Kunti Devi and grand son Radhe Shyam, who were sleeping inside the room woke up. Kunti Devi spoke loudly

(3.) Facts revealed in the fardbeyan made out a simple case of murder and assault. It is noteworthy that according to Tori Nonia in his fardbeyan, the culprits were identified in torch light of the accused and Diya burning in the room. Tori Nonia did not state that he disclosed the names of the appellants to other villagers, who must have come after the occurrence.