LAKHAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal Appeal arises out of the judgment and order dated 6.9.1991 passed by Shri Laxman Oraon, 1st Additional Sessions Judge, Nawadah in Sessions Trial No. 27 of 1990/81 of 1988, whereby he found the appellant Bldeo Chauhan guilty under Section 302 of the Indian Penal Code (hereinafter to be called as 'the Code'). He also held the appellant Lakhan Sao guilty under Section 302/34 of the Code. He, therefore, sentenced each of the appellants to undergo R.I. for life under the aforesaid section. He further found both the appellants guilty under Section 27 of the Arms Act and sentenced them to undergo R.I. for three years. He further ordered that both the sentences will run concurrently.

(2.) THE facts giving rise to the present appeal, in short, is that in the night of 22nd March, 1987, the informant Kishori Sao alongwith his brother Parmeshwar Sao (deceased) were thrashing wheat in their Khalihan in village Gangti, P.S. Pakribarawan in the District of Nawadah. The informant Kishori Sao was operating the thrashing machine and his brother Parmeshwar Sac (deceased) was bringing the wheat bundles from the Khalihan to their thrashing machine. At about 11.30 to 12 night in course of bringing the wheat bundles when Parmeshwar Sao went towards north east corner of the Khalihan taking a lantern with him, both the appellants who were concealing themselves behinds the wheat bundles, came out. Appellant Lakhan Sao caught Parmeshwar Sao from behind on his waist and under his orders Baldeo Chauhan fired with his pistol at the shoulder of Parmeshwar Sao and Parmeshwar Sao got injuries and fell down. Kishori Sao (informant) then raised alarm and his mother Saho Devi, Bhabhi Kumari Sharda Devi and uncle Bishun Sao came there, who saw both the appellants running away with pistols towards the east. The motive assigned for the occurrence was that there was some land dispute between the informant, the deceased and Appellant Lakhan Sao and a case is still pending in that regard, in which the evidence of deceased Parmeshwar Sao was to be recorded. It is also stated that the appellant Baldeo Chauhan had taken a loan of Rs. 350/ from Parmeshwar Sao. About fifteen days before the occurrence he again demanded a loan which was refused by Parmeshwar Sao on the ground that the earlier loan had not been repaid as yet. At this accused appellant Baldeo Chauhan and his family members had threatened Parmshwar Sao to do away with his life. Accused appellant Lakhan Sao had also threatened with pistol the uncle and relatives of the informant due to land dispute. It is also stated that accused appellant Lakhan Sao had killed his two wives by burning them and he had no hesitation in committing murder. Thereafter the F.I.R. of the informant Kishori Sao was recorded on 23.3.1987 at Pakribarawan Police Station in the District of Nawadah, where he went there after the said occurrence alongwith the dead body of his brother accompanied by his uncle Bishun Sao and others.

(3.) THE learned Additional Sessions judge after completing trial, found the accused appellants guilty and sentenced them in the manner already mentioned above.