RAM LAKHAN SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned Counsel for both sides on the question of bail during the pendency of this appeal.

(2.) THE F.I.R has been lodged by the sister of the accused. According to F.I.R, the sister says that the accused was not on good terms with the father of the accused because of property dispute relating to property accumulated by the father. Thereafter the sister says in the F.I.R that her son heard in the market that the accused had murdered the father of the accused, and the son and came back and informed the sister. The informant (sister) thereafter went to the spot on a motor cycle along with her son and found her father murdered. The murder is alleged to have taken place at about 4 P.M, thus it is a broad day light incident. We do not find any motive on the part of the sister of the accused to make such false statement against her brother in the F.I.R lodged under her signature. Her turning hostile during her deposition in court does not detract from the fact that the F.I.R had been lodged by her with this kind of allegation.

(3.) THE argument that the witness P.W.7 remained silent after witnessing the crime also does not appeal to us. She must have mentioned this fact in the market where she went to sell vegetables, from where the son of the informant heard about this and informed his mother.