LALAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants in aforesaid two appeals were tried together and convicted and sentenced by the common judgment of the trial court and as such, both the appeals were taken up together under the heading "For Hearing" and are being disposed of this common judgment.

(2.) Lalan Sah and Dadan Sah {both appellants in Cr. Appeal (DB) No. 1038 of 2013} by judgment dated 13-09-2013 were held guilty and convicted for commission of offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'). However, the sole appellant Ambika Sah (in Cr. Appeal (DB) No. 992 of 2013) by judgment dated 13-09-2013 has been held guilty and convicted under Section 302/34 of the I.P.C. All the three appellants have also been convicted for offence under Section 307/34 of the I.P.C. By order dated 19-09-2013, all the appellants under Section 302/34 of the I.P.C. have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- (ten thousand) each. In case of default in payment of fine, all the three appellants were directed to further undergo imprisonment for three months, whereas no separate sentence under Section 307/34 of the I.P.C. has been passed. The appellants were convicted and sentenced in Sessions Trial No. 333 of 2012/79 of 2013 (arising out of Manjhagarh P.S. Case No. 86 of 2012) by Sri Dinesh Kumar Srivastava, learned Adhoc Additional Sessions Judge - 2nd, Gopalganj (hereinafter referred to as the 'Trial Judge').

(3.) Short fact of the case, as per written application of Tuntun Sah (P.W.1), son of the deceased, addressed to officer incharge of Manjhagarh Police Station, Gopalganj dated 27-05-2012, is that on the same date i.e. on 27-05-2012 in the night at about 09:30 P.M., his elder uncle Ambika Sah (appellant in Cr. Appeal (DB) No. 992 of 2013) and his three sons namely, Lalan Sah, Madan Sah and Tuntun Sah were quarreling with each other. The informant's father was sitting outside his house, however suddenly accused persons stopped their quarreling and carrying knife and lathi surrounded his father. The informant further disclosed that appellant Ambika Sah (in Cr.App.DB No. 992/13) and his son Madan Sah (not appellant) caught hold of father of the informant and Lalan Sah and Tuntun (both appellants in Cr. App.DB No. 1038/13) with intent to kill injured him seriously. The informant's father thereafter raising hulla ([1]) ran towards the road side. He was chased by accused persons and they inflicted knife blow, whereby informant's father on the side of the road fell down and profuse blood started oozing out and his father instantaneously died there. The informant further disclosed that on hearing sound of cry of his father, he (P.W.1) and his younger brother Rajesh Sah came out of the house to save his father, however both were surrounded by the accused persons and with intent to kill them, accused persons assaulted both brothers by means of lathi and rod, whereby both of them were seriously injured. The informant claimed that Ambika Sah (app.in Cr.App.DB No. 992/13) and Lalal Sah, Madan Sah and Tuntun Sah, all sons of Ambika Sah in a deep rooted conspiracy, had initially shown quarreling in themselves and with common intention, all of them caught hold of his father and he was done to death by inflicting knife blow. The informant and his brothers were also brutally assaulted. It was requested to take appropriate action against the accused persons. The written report was signed by Tuntun Sah, informant (P.W.1). It has also come in evidence that said written report was written by Rajesh Sah (P.W.2) as per dictate of Tuntun Sah (P.W.1).