LALAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction and order of sentence passed by the Sessions Judge, Palamau at Daltonganj whereby the appellant Lalan Sao was convicted under Section 302 l.P.C. and the other two appellants Ram Chandra Sao and Birendra Sao under Section 302/ 34 l.P.C. and all the three appellants were sentenced to suffer life imprisonment each in Sessions Trial No. 374/1997.

(2.) THE prosecution was launched on the basis of the written report (Ext. 6) presented by the informant Gulpati Devi stating inter alia that on 11.7.96 while her son Nanku Sao (since deceased) was taking his meal in the night at about 10 O'clock the appellants namely Ram Chandra Sao and Birendra Sao came to her door and called out her son. While she was enquiring the purpose of calling her son Nanku, in the meantime, the appellant Lalan Sao appeared having sword in his hand and asked Birendra Sao to eliminate her son by setting the discord once for all and in the same sequence Lalan Sao intruded in the courtyard of the informant and inflicted blow with the sword on the neck as a result of which Nanku Sao sustained severe bleeding injuries from his neck. The informant raised alarm and pursuant to that Pappu Sao (P.W. 2) Raj Nath Sao (P.W.

(3.) AS many as 12 witnesses were produced and examined on behalf of the prosecution. Besides, prosecution proved the signature.of Pappu Kumar on the seizure list Ext. 1, signature of another attesting witnesses on the seizure list Ext. 1/1, post mortem report Ext. 2, F.I.R. Ext. 3, seizure list Ext. 4, inquest report Ext. 5 and the written report of the informant Ext. 6.