RAJESH SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, who was put on trial along with other three accused, after being convicted and sentenced in Sessions Trial No. 468/125 of 2011/2012 is before us assailing the judgment of his conviction and sentence, by filing the present Appeal under Section 374 (2) of the Code Of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C."). The sole appellant by judgment dated 18.07.2013 was convicted for offence under Section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C."). By order dated 25.07.2013 under Section 302/34 of the I.P.C. he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-. In case of default in payment of fine he was further directed to undergo rigorous imprisonment for one year. The appellant was tried by Sri Ajay Kumar Srivastava, learned 2nd Additional Sessions Judge, East Champaran, Motihari (hereinafter referred to as the "trial judge") in Sessions Trial No. 468/125 of 2011 /2012 [ arising out of Harsidhi P.S. Case No. 228 of 2010].

(2.) Short fact of the case is that on 11.09.2010 at 9.15 P.M. in the clinic of one Dr. Praveen Kishore Prasad Singh, fardbyan of Yogendra Sahni (P.W. 10) was recorded by Sri Manoj Kumar (not examined), Probationer Sub Inspector of Harsidhi Police Station. The fardbyan of informant was recorded near the dead body of his brother - Yadu Sahni @ Panna Lal Sahni in presence of Suresh Sahni ( P.W. 9). In the fardbyan informant disclosed that on the same day in the evening his nephew -Sakal Sahni, S/o Jhawar Sahni for some work had come to Sonbarsa market, who was apprehended by: (1) Nawal Sahni, (2) Dhruv Sahni @ Baba, S/o Lal Bahadur Sahni; (3) Lal Bahadur Sahni and (4) Nandlal Rai, S/o Ramjee Rai of village: Panapur Babu Tola, P.S. - Harsidhi and they started slapping him and brought him near the block. Those accused persons were telling that 3-4 days back in Panapur Machwa Mela he had indulged in Mar-pit with them. After getting this information the informant with Suresh Sahni (P.W. 9), Ashok Sahni (P.W. 13) and 3-4 other villagers at about 6.45 in the evening reached near the block and enquired about the reason for interception of Sakal Sahni, whereupon Nawal Sahni and aforesaid accused persons became furious and started using filthy language. In the meanwhile, the nephew of the informant succeeded in fleeing away. After Sakal Sahni fled away, all the aforesaid four accused persons using filthy language asserted that they may not spare him. On jeep and two motorcycles the accused persons alongwith Nandlal Rai, Nawal Sahni, Dhruv Sahni @ Baba, Ram Autar Sahni, Shambhu Sahni, S/o Shivdhari Sahni and 4-5 unknown accused persons went in search of Sakal Sahni. Ten minutes after their departure the informant heard the sound of explosion of bomb and thereafter there was some hulla that aforesaid accused persons had lobbed bomb on Yadu Sahni. Runningly he went there and saw that Yadu Sahni was injured and lying in unconscious position. All the accused persons on motorcycle and jeep were fleeing away towards Areraj- Harsidhi metalled road. The said occurrence had taken place at about 8.20 in the evening. They lifted Yadu Sahni and it was noticed that on the right side below the waist muscles and anal portion had already blown and on the lower portion of both the legs number of injuries were noticed. The injured thereafter was carried to the clinic of Dr. P.K.P. Singh ( not examined ) where he was declared dead. The reason for the occurrence was explained by the informant that four days back in his village - Panapur near Machua Pul there was a function of Janmashtami and in the said Mela accused Nawal Sahni and others wanted to display orchestra programme which was opposed by the informant and his villagers and due to said reason there was scuffle in between villagers and Nawal Sahni. The said fardbyan was read over to informant and after finding it correct the informant put his L.T.I. As a witness to the fardbyan one Suresh Sahni ( P.W. 9) also put his thumb impression. On the basis of the said fardbyan in the same night i.e. in between 11-12 September, 2010 at 00.15 Hours (12.15 Hours) a formal F.I.R. vide Harsidhi P.S. Case No. 228 of 2010 was registered for the offence under Section 302/34 of the I.P.C. and Section of the Explosive Substances Act against:-

(3.) After examination of the prosecution evidence on 05.12.2012 statement of appellant under Section 313 of the Cr.P.C. was recorded which was completely perfunctory in nature without appellant being questioned on specific incriminating evidences and circumstances.