SONU SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 19.8.1986 passed by 6th Addl. Sessions Judge, Gaya in S.T. No. 65/23 of 1977/85 whereby the appellants have been convicted for the offence under Section 302/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. Appellants Ram Lal Sao and Shyamlal Sao have further been convicted for the offence under Section 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year. Appellant Ram Lal Sao @ Kalut Sao has further been convicted for the offence under Section 354 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for one year Rest of the appellants have been convicted for the offence under Section 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for six months. Appellant Satya Narain Sao and Tetar Sao have further been convicted for the offence under Section 323/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for six months.

(2.) THE case of the prosecution is that one Lalji Yadav Chawkidar went to the Police Station on 25.8.1976 along with injured Chunu Sao and Manu Sao and gave his statement at about 3 a.m. that on 24.8.1976 at about 10 a.m. Dineshwari Devi, the daughter -in -law of deceased Manu Sao was washing utensils. Appellant Ramlal Sao @ Kalut Sao came and caught her breast which she protested and raised alarm. She also assaulted Kalut Sao with kalchhul (ladle). There was also scuffle between them. The chain of the wrist watch of the accused came in the hand of Dineshwari Devi during scuffle. In the evening when the male members arrived, a Panchaiti was called at the house of Awadh Bihari Lal regarding misbehaviour of accused Kalut Sao. Panches came there but appellant Kalut Sao and other appellants did not attend the Panchaiti and as such no Panchaiti was held. Manu Sao and Chunu Sao were returning to their house. When they reached near the house of Danu Sao, appellants surrounded them and assaulted them due to which Manu Sao and Chunu Sao fell down on the ground subsequently the injured Manu Sao died in the Jehanabad Hospital.

(3.) ON the aforesaid fardbeyan, Ext. 2, a formal First Information Report, Ext. 6 was registered and investigation was taken up. During investigation, the Investigating Officer visited the place of occurrence, recorded the statement of witnesses and after completion of investigation submitted charge -sheet. The Court on receipt of charge - sheet committed the case to the Court of Session for trial.