MAHESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellants as well as learned Additional Public Prosecutor for the State.

(2.) This appeal has been preferred against the judgment of conviction and sentence order dated 16.08.1995 passed by learned 1st Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 28 of 1994 by which and whereunder the learned 1st Additional Sessions Judge, Saran at Chapra (hereinafter referred to as "trial court") convicted the appellants for the offence punishable under Section 302/34 of the I.P.C. and sentenced them to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 of the I.P.C.

(3.) Briefly stated prosecution case is that PW-6, namely, Braj Bhushan Pandey gave his ferdbeyan to PW-11, namely, Vijay Kumar Singh, the then Officer in charge of Ekma police station, on 11.10.1992 at about 8:45 P.M. at Block Road, Ekma to this effect that on the same day at about 6:00 P.M., his brother, namely, Shashi Bhushan Pandey left his home having a novel in his hand and he (informant) also left his home to take tea in market and while he was going to market and reached in front of tea shop of Mahesh Pandit at about 7:00 P.M., he saw that some persons were quarreling in front of house of Gautam Giri. The informant also went near the place where quarrel was going on and when he reached near the aforesaid place, he saw that his younger brother, namely, Shashi Bhushan Pandey was being assaulted by Mahesh Sah, Sheonath Sah and three to four unknown persons by iron rod and lathi. He raised alarm and asked the aforesaid persons as to why they were assaulting his brother upon which Sheonath Sah ordered the others to kill him and having got the aforesaid order, the remaining persons made attempt to assault him but he fled away towards market out of fear and reached near the hotel of Deo Narayan Sah and raised hue and cry which attracted his neighbours and several other persons. He, further, claimed that again he along with aforesaid persons came near the place of occurrence where he found his brother Shashi Bhushan lying dead on earth. He claimed that he had narrated the entire occurrence to his neighbours and other persons. PW-6 claimed that above stated persons committed the murder of his brother because of that they wanted to grab the land of the deceased which was situated adjacent to their land and when deceased refused to buckle upon the pressure of the aforesaid persons, they committed the alleged occurrence.