MAHABIR SAHU Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) The appellants in C.A. No. 144/99 are Mahabir Sahu and Rusdhari Sahu who were arrayed as A6 and A3 respectively before the 2nd Addl. Sessions Judge, Gumla in S.T.No.32/98. C.A.No.161/ 99 is by Shisha Sahu, Dhano Sahu, Satrughan Sahu and Marwari Sahu who were arrayed as A2, A1, A5 and A4 respectively in the same Sessions Trial. In this judgment, the appellants in both the appeals will be referred as Al to A6 in the order they were arrayed before the Trial Judge for the sake of convenience and both the appeals are disposed of by the following common judgment.

(2.) Ram Jatan Sahu (D1) is the brother of Budheshwar Sahu (D2). P.W.1, Muchan Devi is the wife of Dl. The appellants are the agnates of D1 and D2. According to the prosecution, the disputes were pending between the appellants and the two deceased as regards the land. Civil proceedings were pending in Court. This is said to be the motive for the occurrence which, according to the prosecution, took place at 5 p.m. on 18-7-1997.

(3.) On 18-7-1997, D2, Budheshwar Sahu informed P.W. 1 that he is going to Kurkura market for purchasing medicine. P.W.3, Butru Chick accompanied him. The husband of P.W.1, Ram Jatan Sahu (D1) was also preparing himself to go to the market. Both D2 and P.W.3 went in a cycle and D1 also went to the market in a cycle accompanied by P.W.4, Jhariya Chick. P.W. 1 followed them by foot. At the market, D2 purchased medicine after consulting a doctor. He returned to the village from the market and P.W.3 was also sitting with him in the cycle. D1, Ram Jatan Sahu and P.W.4 proceeded in a cycle. P.W.1 left the market and proceeded to the village by taking a short cut. At Tara Kachi road she saw her husband and P.W.4. At that time, A1 to A6 appeared there with balua in their hands. All the accused surrounded Dl. The 1st accused started the attack by inflicting a balua blow and thereafter the other accused and Al attacked the deceased with balua. P.W. 1 protested but to no avail. The accused went away from the place. In the meantime, Navin Sahu, son of P.W.1 and D1 came and informed P.W.1 that Budheshwar Sahu was also killed. Fardbeyan, Ext.4 was given by P.W. 1 to P.W.7, Suresh Prasad Yadav at the scene of occurrence at 9 a.m. on 19-7-1997. An F.I.R was registered on the basis of Ext.4 and investigation was taken up. P.W.7, the Police Officer on taking up investigation, conducted inquest over the body of Dl and prepared Ext. 3, the inquest report. He prepared Ext.3/1, the inquest report for the inquest conducted over the body of D2, Budheshwar Sahu. The body was then sent to the hospital for the purpose of autopsy.