ANAND SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Anand Sao has preferred this appeal against the order of conviction and sentence dated 13-12-1989 passed in Sessions Trial No. 108 of 1988 (G. R. No. 179 of 1988) by Shri L. A. K. Sinha, learned 2nd Additional Sessions Judge. Gumla whereby & where- under this appellant waa convicted under Section 302 IPC and sentenced to undergo imprisonment for life.

(2.) Informant Nandwa Sao (PW.10), brother of this appellant and son of deceased Puran Sao, has alleged in the FIR that on 7-4-1988 at 15 hours at village Bharda, District Gumla, his brother Anand Sao (appellant) was going to irrigate his garden having spade in his hand- Their father Puran Sao (deceased) demanded his share of one ox to cultivate his share of land. At this moment, Anand Sao gave a spade blow on the forehead of his father Puran Sao. Puran Sao on being injured fell down and died instantaneously. Informant's mother Devni Sahuain (PW. 1), his wife Parvati Devi (PW. 11) and Radha Devi (PW.6) have seen the alleged assault. On hearing alarm. Baleshwar Sahu (PW.2), Rijhan Sao (PW. 4) and other villagers went there and also saw the alleged occurrence. After causing murder, the appellant fled away taking spade in his hand. Appellant was living separately from his father 3-4 months prior to the alleged occurrence who was quarrelling with his father occasionally. The reason of the alleged murder was the quarrel in between father and son.

(3.) The prosecution produced 13 witnesses to substantiate the charge levelled against the appellant under Section 302 IPC. PW. 1 Devni Sahuain is the wife of deceased Puran Sao. Although she was Inside her house when her husband Puran Sao was assaulted outside her house, she did not see the assailant. When she came out, she did not see anyone there, rather she saw her husband fallen down on the rock who had died. She has been declared hostile by the prosecution. PW.2 Baleshwar Sahu is the witness of inquest report and seizure of bloodstained soil on which he signed {Exts. 1, ) and also singed by another witness (Exts. 1/1 and 1/3). PW.3 Satichand Sahu is the hearsay witness who was informed by PW. 1 Devni Sahuain that her husband was murdered by Nanhak @ Anand Sao (appellant). As she is a hostile witness and she did not see anyone assaulting and has not informed anyone else about the name of the assailant, hence the evidence of this PW.3 is also inadmissible. PW. 4 Rijhari Sao has deposed that wife of the deceased, namely Devni Sahuain (PW. 1), did not inform about the assailant. Hence, he was declared hostile by the prosecution. PW. 5 Ishwar Sahu has also deposed that no one disclosed name of the assailant and is a hostile witness. PW.6 Radha Devi did not see any assailant and is a hostile witness. PW.7 Ramdhari Sao has not gone to the place of occurrence and is a hostile witness. PW. 8 Bahadur Sao is a tendered witness. PW. 9 Lallu Sao is the witness of the seizure-list in respect of seized bloodstained soil on which he signed ( Ext. 1/4) and another witness PW.2 Baleshwar Sahu signed on it (Ext. 1/5).