CHANDESHWAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Chandeshwar Sah and Durga Sah have been found guilty for an offence punishable under Section 307/149 of the IPC and each one has been sentenced to undergo R.I. for five years vide judgment of conviction dated 21.07.2009 and order of sentence dated 24.07.2009 passed by sessions Judge, Muzaffarpur in Session trial No.167 of 1998.

(2.) Prosecution case in brief as per fardbeyan of Hari Nandan Roy (PW.1) recorded on 26.05.1995 at 01:00 PM at Sadar Hospital, Muzaffarpur where he was admitted in emergency ward is to the effect that on the same day he was on his duty at SubCentre PHC, Khabra where, at about 12:15 PM Chandeshwar Sah, Durga Sah, Anil Kumar, Dashrath Rai, Harendra Rai, Vishwanath Rai came over two motorcycle. Chandeshwar Sah and Durga Sah said to him that as you are creating dispute relating to a land so he will be eliminated today. They ordered Dasrath Rai to shoot whereupon, Dashrath Rai took out pistol and shot at him causing injury over his chest. He, after raising alarm fell down. Then, Vishwanath Rai disclosed that he has died whereupon, all of them left over motorcycle. Then, his colleague Sarswati Devi came and raised alarm whereupon her son along with others came and lifted him to Sadar Hospital. The motive for the occurrence has been shown as there happens to be title suit pending in between Chandeshwar Sah and Durga Sah with him relating to a land and in likewise manner, there also happens to be land dispute with Dashrath Rai.

(3.) As is evident from the record, after registration of Sadar P.S. Case No.70/1995, the investigation commenced and concluded by way of submission of charge sheet only against these two appellants/accused namely Chandeshwar Sah and Durga Sah on the other hand, had not found complicity of the other co-accused accordingly, they were not sent up. On the basis thereof, the learned lower court proceeded with the trial and at the time of dictating judgment, found expedient in the interest of justice to summon Dasrath Rai, only being an assailant as provided under Section 319 of the Cr.P.C. which the learned lower court recorded vide order dated 21.07.2009. That being so, there happens to be registration of new session trial relating to accused Dasrath Rai bearing Session Trial No.580 of 2009 and fortunately, appeal having been filed on his behalf bearing Cr. Appeal (SJ) No.186 of 2015 is also pending which is also going to be decided today.