JUDGEMENT
B.K.JHA, J. -
(1.)THIS appeal is directed against the judgment and order dated 27.7.1996 passed by 1st Additional Sessions Judge, Chapra in Sessions Trial No. 422 of 1988 convicting and sentencing
the appellants to undergo imprisonment for life u/s. 302 of Indian Penal Code (in short "IPC").
(2.)THE case of prosecution, in short, is that on 13.11.1986 at about 8.45 A.M., deceased Durga Sah, father of informant -Kanhai Lal Sah (P.W. 7) sitting at his Darwaza with informant, was
washing his mouth when all the appellants came there. Appellants Ram Nath Sah and Shravan
Sah were armed with lathis, appellant Mandeo Sah was armed with Farsa and appellants
Satyadeo Sah, Deo Nath Sah and Laxman Sah were armed with daggers. Appellants caught hold
of father of informant and took him in the field of appellant Ram Nath Sah where appellant Ram
Nath Sah and Shravan Sah started assaulting him with lathis, appellants Satyadeo Sah, Deo Nath
Sah and Laxman Sah with daggers and appellant Mandeo Sah assaulted on his with Farsa. The
informant and his father raised alarm and informant tried to rescue his father when appellant Ram
Nath Sah gave two to three lathi blows on him causing injuries to his left and right arm. On hulla,
Bhola Sah (P.W. 4) and Nand Lal Sah (P.W. 1), own brothers of informant, Sakla Devi (P.W. 5),
mother of informant, Kalawati Devi (P.W. 2), wife of informant and villagers Dhaneshwar Singh
(not examined) and Ganesh Sah (P.W. 3) came there and saw the occurrence. On their arrival, all
the appellants fled away. The informant saw his father was groaning and he saw Farsa injury on
his head and dagger injuries on his chest and back. Father of informant died at the spot on
account of excessive bleeding. The informant, on the same day at about 12.45 P.M. lodged First
Information Report (Exhibit -1) in which cause of occurrence is stated to be land dispute and old
enmity. A case under Ss. 147, 148, 149, 342, 323 and 302 of IPC was registered against the
appellants and police, after investigation, submitted chargesheet against them. Charge u/s. 302 of
the Indian Penal Code against all the appellants and additional charge u/s. 323 of the Indian
Penal Code against appellant Ram Nath Sah were framed and the appellants were put on trial and
after trial, they were held guilty and were convicted and sentenced, as stated above.
The case of appellants, as it appears from the trend of cross -examination of prosecution witnesses and documents produced on their behalf, is that on the day and time of occurrence, the
informant alongwith his father and brothers was installing a Nad (manger) and Khunta (peg) on the
land of appellant Ram Nath Sah on which appellant Ram Nath Sah and his son Mandeo Sah went
to their land and asked the informant, his father and brothers to remove the Nad and Khunta on
which deceased Durga Sah started abusing them and ordered his sons to assault them. At the
order of deceased Durga Sah, the informant Kanhai Lal Sah took knife from his pocket and
assaulted and inflicted knife injury on the right scapular region of appellant Ram Nath Sah and
when he fell down, Bhola Sah assaulted him with kicks and fists and on alarm raised by appellant
Ram Nath Sah, his villager Bhikhari Sah came there running. The further case of appellants is that
the appellant Ram Nath Sah was taken to Sadar Hospital, Chapra and his statement was recorded
by Assistant Sub Inspector K.K. Mishra of Bhagwan Bazar Police Station in the Surgical Ward of
Sadar Hospital, Chapra and because his case was not instituted by police, therefore, he filed a
complaint case in the Court of Subdivisional Judicial Magistrate, Chapra (Exhibit -A).
(3.)NOW it has to be seen how far prosecution has been able to prove its case beyond all reasonable doubts.
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