KRISHNA SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Appeal No. 52/1999R is by Krishna Sahu andYogendra Das, who were arrayed as A1 and A5 in SessionsTrial No. 109/1997 on the file of 2nd Addl. Sessions Judge, Gumla. Cr. Appeal No. 60/ 1999R is by Ayodhya Sahu, Ram Kishun Das and Ram Chandra Das, who were arrayed as A2, A4 and A3 respectively in the aforesaid Sessions Trial. In this judgment, the appellants in Cr. Appeal No. 52/99R and the appellants in Cr. Appeal No. 60/99R will be referred as A1 to A5 in the same order as they were arrayed before the Trial Judge for the sake of convenience and the two appeals are also disposed of by the following common judgment.The appellants were charged under section 302 read with Section 149 I.P.C. On being found guilty under section 302 read with Section 149 I.P.C., each one of them was sentenced to imprisonment for life. The present appeals are against the said conviction and sentence.

(2.) THE deceased, Govind Sahu, is the brother of P.W. 9, Sita Ram Sahu, P.W. 4 Arun Kumar Sahu is the son of P.W. 9. P.W. 5 Mungeshwar Sahu is the father of the deceased. P.W. 6, Priyanka Kumari, is the daughter of the deceased. P.W. 8 Smt. Chinta Devi, is the wife of the deceased. They were residents of village -Varandha. Devanti Kumari, sister of A2 Ayodhya Sahu, was assaulted by the deceased, on account of which there were ill -feelings between the family of the deceased and the family of the appellants. It is said to be the motive for the occurrence, which took place at 5.30 a.m. on 25.5.1996.

(3.) AFTER the completion of investigation, final report was filed against all the accused, who denied their complicity in the crime, when they were questioned under section 313 Cr.P.C.