BODHI SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant faced trial for committing the offence punishable under Section 302/34 of the Indian Penal Code. The learned trial Court, found him guilty under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(2.) The prosecution version which led to the trial of the appellant is as follows :

(3.) On 18.11.1997 at about 8.30 a.m. the informant Sajjan Sahani and his father Mahendra Sahani (deceased) went to their field situated at village Chakbazo, P.S. Saraiya, District Muzaffarpur for ploughing. They had taken the field on Batai from one Baiju Sahani. They saw Bodhi Sahani (appellant), whose field was situated by the side of their field cutting the ridge of their field. This was protested by Mahendra Sahani (deceased) upon which on the call of Bodhi Sahani, his brothers Jndhan Sahani and Bhukhalu Sahani and his nephews Ramayan Sahani and Chulhai Sahani (all four since acquitted) who were also working in the nearby field came there and Chulhai Sahani and Ramayan Sahani caught, hold of Mahendra Sahani and pushed him down and then Bodhi Sahani, Ramayan Sahani and Bhukhalu Sahani gave spade blows on his head and he died. The deceased was taken to the police station where the first information report was drawn at 11.00 a.m.