HARI SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 8.8.2003 passed by the learned Additional Sessions Judge, Fast Track Court Vth, Giridih in Sessions Trial No. 233 of 1988 whereby the appellants have been convicted under Section 302/34 of the Indian Penal Code and, accordingly, sentenced to undergo rigorous imprisonment for life.

(2.) FACTS of the case, in brief, is that Janki Sao (deceased) resident of village Kharkhari, P.S. Tisri, Distinct Giridih left his house early in the morning of 10.8.1987 at 5.30 a.m. carrying a file containing documents of court litigation and some cash. He was on his way to attend the civil court at Giridih. While he was crossing through a place known as Leduatand, he was ambushed by four persons, one of whom was his brother Moti Sao, while others were his sons Hari Sao, Sahdeo Sao, Bhuna Sao and Pari Sao. All of them were armed with lathis and tangis. Hari Sao gave a lathi blow on Janki Sao thereby felling the victim on the ground. On the exhortation of Moti Sao, his son Sahdeo Sao, appellant No. 2 hit Janki Sao on his leg with the tangi. While Moti Sao himself firmly held both legs of the victim on the ground, Pari Sao (appellant No. 4) tried to crush the victim's chest with a heavy stone. At that time, Bhuna Sao, appellant No. 3, wielded a dagger blow on the neck of the victim and when the victim tried to ward off the blow, he sustained the injury on his wrist. Meanwhile, Moti Sao called upon his sons to run away as people were approaching. The assailants thereafter fled away. But before leaving, they snatched away the file containing the documents, besides cash of rupees five hundred belonging to the victim. The assault was made by way of revenge against the victim on account of a previous land dispute and the intention of the assailants was to kill the victim. A little later, sons of Janki Sao namely Nakul Sao, Raju Sao (PW7) came to their paddy land for ploughing and were surprised to see ladies of the family of Hari Sao grazing cattle. They felt suspicious as to why the ladies had come to graze cattle in stead of male members of the house. Almost at the same time, their younger brother Prakash Saw came and informed that their father was beaten and left on the way at Ledwatand. The sons went to the place where they found their father in an injured condition. They sprinkled water on his face and offered water to drink. At the same time, a co -villager Arjun Pandey (PW2) had also chanced to pass by the place while on his way to Dineshwar. He too reached the place of occurrence located nearby in the jungle around Ganga Mati and found Janki Sao lying there in a seriously injured condition. Janki Sao who was yet conscious, stated in presence of his sons and Arjun Pandey (PW2) that Moti Sao, Hari Sao, Sahdeo Sao, Bhuna Sao and Pari Sao had assaulted. A vehicle was arranged immediately on which the injured was taken to the nearest hospital. The doctor who attended the injured advised to take the injured to the Sadar Hospital, Giridih. It was at the State dispensary that the fard beyan of the injured was recorded by the police officer. On the same day, at about 9.30 hours on the basis of the fard beyan of the injured, the case was registered for the offences under Sections 147/148/149/307/34 IPC against all the assailants named in the Fard beyan. Later, in course of medical treatment, the injured succumbed to his injuries at the hospital. Thereafter, the offence under Section 302 IPC was added for investigation.

(3.) CHARGE was framed for offences under Sections 302/34 IPC against all the accused persons, including these appellants, for committing murder of the deceased Janki Sao. In addition, charge for offence under Section 147 IPC was framed against Hari Sao, Pari Sao and co -accused Moti Sao and for the offence under Section 148 IPC against Sahdeo Sao and Bhuna Sao. It may be mentioned here that in course of trial, co -accused Moti Sao died and therefore the trial proceeded only against these four appellants.