INDRAJEET SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been heard together and are being disposed of by a common judgment as arise out from common judgment of conviction dtd. 21/8/2018 and order of sentence dtd. 25/8/2018 passed by the Additional Sessions Judge, F.T.C. No.II, West Champaran at Bettiah relating to Sessions Trial No.164 of 2001, whereby and whereunder all the appellants namely Indrajeet Sharma, Shambhu Sharma and Nathu Sharma have been found guilty for an offence punishable under Sec. 364 I.P.C. and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.1,000.00 and in default thereof, to undergo R.I. for one month, additionally.

(2.) Chokati Sharma (PW-5) gave his fard-bayan on 21/9/2000 at about 8.30 A.M. at his village divulging the fact that while he along with his son Nand Lal Sharma (deceased) and villager Vishwanath Sharma, relative Brahmdev Sharma was sitting at his Baithka and were gossiping in the light of lantern at about 9.00 P.M. on 20/9/2000, all of a sudden, Indrajeet Sharma Belash Sharma, Shambhu Sharma, Nathu Sharma, Girja Sharma, Jagdish Sharma, Sadabrikch Sharma, Madan Sharma armed with gun came at his Baithka, caught hold his son Nand Lal Sharma, dragged and took him away. During course thereof, they have also fired. At that very time, they thought that his son has been kidnapped for ransom, but today morning, his daughter-in-law Kalinda Devi and Rukha Devi while have gone to Sareh returned weeping and disclosed that his son Nand Lal has been murdered by means of firearm. After getting such information, he along with so many villagers rushed to the spot and found the dead body of Nand Lal Sharma lying in the paddy field of Baijnath Hajra. It has further been disclosed that the animals have eaten away flesh from different parts of body. It has also been disclosed that for the last 4-5 years, he happens to be on strained relationship with Indrajeet Sharma, who was successively threatening that he will do away with the life of Nand Lal Sharma.

(3.) After registration of Lauriya P. S. Case No.92 of 2000, investigation was taken away and after concluding the same, chargesheet has been submitted against Belash Sharma, Indrajeet Sharma, Nathu Sharma and Shambhu Sharma, who accordingly, faced trial. During midst of trial, Belash Sharma died and so, proceeding against him was dropped while the appellants met with the ultimate result, subject matter of instant appeal. However, from the chargesheet, it is evident that nothing has been disclosed regarding the remaining accused so named in the Fard-bayan.