- (1.) SIX persons, including the Appellant were charged under Section 302/34 of the Indian Penal Code. By the impugned judgment, five persons have been given benefit of doubt and were acquitted while the Appellant has been held guilty of the charge under Section 302/34 I.P.C. and he has been sentenced to undergo rigorous imprisonment for life.
(2.) THE prosecution was launched on the basis of fardbeyan of Jarban Devi (P.W.9) dated 6.2.1993. The prosecution case, according to the fardbeyan, is that on 5.2.1993 at midnight while the deceased -Radhe Rai was sleeping along with his wife -Jarban Devi -informant -P.W.9 and daughters - Sunaina Kumari -P.W.3 and Niru Kumari @ Niro -P.W.4, six miscreants entered in the house and one of them asked the deceased regarding whereabouts of his arms. When the deceased denied to have any arms, one of the miscreants asked the others to tie down his hands and legs with rope. Three of them thereafter tied the legs and hands of the deceased and gave chhura (knife) blow. When the informant intervened, she was also assaulted with butt of Pistol. She identified the assailant as Satto Rai in the full moon light and also by voice. The informant claimed that six of the miscreants killed her husband by inflicting chhura blows and thereafter all of them fled away. The reasons behind the occurrence was long standing land dispute in between deceased -Radhe Rai and accused -Satto Rai.
(3.) ON the basis of the said fardbeyan of the informant, the Police registered the case under Section 302/34, 307 and 323 I.P.C. against Satto Rai, named accused and five unknown. The police, after investigation, submitted charge sheet against six persons i.e. Satto Rai, Md. Asgar - Appellant, Ganesh Rai, Sk. Chunia, Sk. Farukh and Sk. Fakruddin under Section 302/34 and 323 I. P.C.;