LAKHAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, Lakhan Sah, Jamuna Sah and Jichhu Sah were arrayed as A2, A3 and A4 respectively along with Ram Bilash Sah, who was arrayed as Al, before the 7th Addl. Sessions Judge, Dumka in Sessions Cease no. 470 of 1984/ 058 of 1988. All the appellants along with Ram Bilash Sah were tried under section 364 of the I.P.C. the trial Judge, finding the 1st accused. Ram Bilash not guilty, found the appellants guilty, as charged, and sentenced each one of them to imprisonment for life. The present appeal is against the said conviction and sentence.

(2.) In this judgment the appellants will be referred as A2, A3 and A4. Ram Bilash Sah will be referred as Al for the sake of convenience.

(3.) The case of the prosecution is as follows :- P.W.1, Sumi Hembrom is the wife of the deceased, Lakhi Chandra Sao. Lakhan Sah, A2 and Jamuna Sah, A3 are the step brothers of the deceased and Jichhu Sah is the nephew of the deceased. Ram Bilash Sah, who was acquitted, was the distant relative of the deceased and the accused. It is the case of the prosecution that there was dispute as regards partition of land amongst the accused and the deceased which is said to be the motive. On 5-8-1993, the accused 2, 3 and 4, namely, Lakhan Sah, Jamuna Sah and Jichhu Sah went to the house of the deceased and wanted the deceased to come with them. The deceased was not willing to got with them on that day. Two days thereafter, Jamuna Sah, A3 and Lakhan Sah, A2 went to the house of the deceased and the deceased went along with them. Later, A2 and A3 alone returned to the village, Rasulpur Dahla where the deceased was staying with his wife, P. W. 1. P. W. 1 questioned them as to the whereabouts of her husband. They Informed P.W. 1 that he has not come with them and has stayed back with his father, Bengu Sao. P.W. 1 later enquired Bengu Sao but could not find her husband. She went in search of her husband and later, on 15-8-1993 filed the fardbeyan, Ext. 2 at 1 P.M. which was registered as a crime and investigation was taken up. It is the case of the prosecution that P.W. 1 found some skeletons near a temple and informed the same to P.W. 7, Baijnath Murmu and that according to P.W. 7, P.W. 1 identified them to be the skeletons of her husband from the apparels which she found near the place. The Investigating Officer was brought to the scene and the skeletons were sent to forensic expert. The forensic expert, after examining the skeletons, gave his re- port, Ext. 3 with his opinion that the skeletons are that of a man aged below 25 years. After the completion of investigation, the final report was filed against all the accused.