LAWS(PAT)-2011-7-53

MAHENDRA SAH Vs. STATE OF BIHAR

Decided On July 25, 2011
MAHENDRA SAH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Eleven accused persons were named in the FIR of Kudra P.S.Case No.78 of 1994 who were sent up for trial by the investigating officer of that case and accordingly they were charged under Sections 302/149 IPC besides also being charged under Sections 148, 323/149, 325/149, 307/149 IPC. After conclusion of the trial, nine accused persons were acquitted by the same judgment dated 28.08.2006 which was passed by the learned Additional Sessions Judge-cum-Presiding Officer, Fast Track Court No.V, Bhabhua by which the two appellants were found guilty of having committed an offence under Section 304 II IPC. The appellants were heard on sentence on 29.08.2006 and were directed to suffer rigorous imprisonment for three years under the above Section of the IPC. The two appellants appeal jointly against the judgment of conviction and order of sentence.

(2.) Ramchandra Sah(P.W.7), the husband of the deceased Ekadashi Devi alleged that on 30.05.1994 at about 6 P.M. all the accused persons armed variously came inside his house and started plundering it, the lady inmates of the house, raised a hue and cry upon which the accused persons started insulting them. At that particular moment no male member was present in the house. The informant was attracted to his house by the hullah raised by the ladies. The lady family members objected to the high handedness of the accused persons. The accused persons, thereafter, surrounded the informant and his family members and assaulted them with various weapons. As regards the two appellants, Mahendra Sah and Pradip Sah, they are jointly alleged to have dealt blows with Garasa. They also gave a blow with Garasa on the head of the deceased Ekadashi Devi as a result of which she became injured and fell on the ground. She was shifted to Kudra Hospital from where she was referred to Sadar hospital where the fardbeyan of the informant, Ext-7 was recorded, on the basis of which, Ext-2, the FIR of the case was drawn up so as to investigating the case, which ended in the submission of the chargesheet against eleven accused persons who were put on trial out of whom nine were acquitted and the two appellants stood convicted.

(3.) Thirteen P.Ws. were examined. The informant as also other eye witnesses stated that while the other accused persons assaulted the informant and other witnesses with their respective weapons, like, lathi, garasa etc these appellant dealt blows with garasa on the deceased. The court below was disbelieving their evidence to that extent in absence of any injury reports of witnesses. As such, this court has a very limited question to decide as to whether the consistency in the oral evidence of P.W.1 and other witnesses indicating that the two appellants had dealt garasa blows on the head of the deceased is acceptable to prove the charges.