NAGESHWAR SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The criminal appeal is directed against the judgment and order dated 25 -5 -1990 passed in S.T. No. 323/ 11 of 1987/89 passed by Shri Dharam Das Topno, the then Addl. Sessions Judge, Hazaribagh. Both the appellants, namely, Nageshwar Sao and Jagdish Sao have been convicted under Section 302 read with Section 149, I.P.C. for constructive liability for the murder of Meena Devi and sentenced to rigorous life imprisonment. Besides, they have been convicted under Sections 448/426 and 323, I.P.C. and sentenced to undergo R.I. for two years on each count. Further appellants, Nageshwar Sao and Jagdish Sao have been convicted under Sections 148 and 147, I.P.C. respectively and each has been sentenced to undergo RJ. for one year on such count. However, all the sentences have been ordered to run concurrently,

(2.) Briefly stated, the prosecution case as made out in the fardbeyan (Ext. 3) and elucidated in the evidence of informant Bhola Sao (P.W. 10) is as follows: Meena Devi, the deceased and mother of the informant, used to sell the vegetables in Dato Colliery at Sonda and she developed intimacy/friendship with Ranjit Bengali and lived together. Ranjit Bengali used to visit her home at Bariyatu, within P.S. Keredari. Distt. Hazaribagh. About three weeks ago the deceased had come to her husband's home. About four days prior to the occurrence (11 -11 -1986) Ranjit Bengali came and stayed with her.

(3.) On 1 -11 -1986 a series of events took place. At 12 noon in drunken state Ranjit Bengali, co -accused Moti Gosai, Tikua Gosai and Lakshman Gosai quarrelled at the house of Tikua Gosai over price of meat and the deceased went and brought Ranjit Bengali to her house. After some time Moti Gosai, Tikua Gosai and Lakshman Gosai, variously armed came to the house of the deceased and started to assault Ranjit Bengali who snatched knife from Moti Gosai and assault knife blows on his chest and left thigh. However, they were separated and all, the three returned home. After some time the wife of Sukhari, who lives in the neighbourhood, was throttled to death in her house and was relieved of ornaments. Villagers suspected that Ranjit Bengali had complicity in the crime. On the same day between 2 -3 p.m. the appellants and other F.I.R. named accused (who have been acquitted by the trial Court) variously armed with tangi, balua and lathi, reached and raided the house of the informant in search of Ranjit Bengali and demanded his surrender and in wrath for giving shelter to a criminal, they assaulted Komal Sao (P.W, 6), the father of the informant, his brother Naresh Sao (P.W. 1), and Kishun Sao (P.W. 8) with tangi and danda and they forcibly took the informant, the deceased, Naresh Sao and Kishun Sao to the Angan of Pritam Sao (co -accused) assaulting them. Appellants Nageshwar Sao and Jagdish Sao assaulted her with tangi and danda respectively whereas other co -accused -persons assaulted her with tangi, balua and danda and on instigation of appellant Nageshwar Sao, appellant Jagdish Sao thrust lathi into the private part of the deceased and shortly thereafter she died on the spot. On 11 -11 -1986 at about 11.30 p.m. the fardbeyan (Ext. 3) of Bhola Sao (P.W. 10) was recorded by the Police Officer (P.W. 11) who was camping at P.O. village Bariyatu in connection with investigation of another Bariyatu P.S. Case No. 65/1986. On its basis the present case came to be instituted formal F.I.R. (Ext. 7) was drawn up the Police Officer (P.W. 11) assumed investigation of the case, held inquest over the dead body of Meen Devi, and on completion of investigation charge -sheet was laid in Court against the accused -persons.