RUPAN SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The four appellants were tried by the learned Sessions judge, Motihari for charges under Sections 364, 302 read with 34 and 201 of the IPC for an offence which had allegedly taken place on the 29th of May, 1986. While delivering judgement in the case on the 25th of May, 1988, the learned Sessions Judge acquitted the appellants of the charge under Section 364 of the IPC, but found them guilty of committing offences under Sections 302/34 and 201 of the Penal Code and directed each of the appellants to suffer rigorous imprisonment for life under Sections 302/34 of the Penal Code and rigorous imprisonment for one year each under Section 201 of the Penal Code. The appellants have brought into question the above judgement and the findings recorded therein by the learned trial court by preferring the present appeal.

(2.) The fardbayan of Dhorha Sahani, who happened to be the full brother of the mother of the deceased Wakil Sahani, is the basis of the FIR Ext-3. It was alleged by the informant that on 29.5.1986 at about 4 P.M. appellants Rupan Sahani and Hiralal Sahani who was the full brother of Motilal Sahani, took away the deceased Wakil Sahani from the house of Champa Devi (RW.1) for fishing in the river. Champa Devi was wife of the younger brother of the informant. It was alleged that the deceased was not inclined to go with the appellants, but the two above-named appellants forcibly took him away. When it was dark and the deceased had not come back, P.W.9 went in search of the deceased and enquired from the above two appellants Rupan Sahani and Hira Lal Sahani about the whereabouts of deceased Wakil Sahani, who said that the deceased had already gone to his village Parsaunia.The informant not being satisfied on the reply given by the appellants, sent his son Bachu Sahni(P.W.7)to Parsaunia. P.W.7 and the sister of the informant who was the mother of the deceased, came together to the informant to inform him that the deceased had not reached his house. Thereafter, the informant and the Chaukidar of the village went in search of the deceased in the river and found the dead body of the deceased lying about 500 yards west of Kabahi Ghat within Motipur police station. The dead body was floating in the river.

(3.) The informant started making enquiry about the death of the deceased and in that connection he met Balli Sahani (P.W.2) and Ram Autar Sahani (P.W.3) both of whom pointed out to RW.9 that they had seen the deceased fishing with appellant Rupan Sahani in one boat whereas the remaining appellants were seen in another boat. The informant stated that he requested Mukhlal Sah (not examined)and Chaukidar Rambilash Rai (also not examined) to inform the police station.