Sanichar Sahni vs State Of Bihar

2. The facts and circumstances giving rise to this appeal are that a First Information Report was lodged on 12.10.2001 against Munilal Sahni, Biswanath Sahni, brother and father of the appellant respectively. Golu Paswan and Kishore Thakur under Sections 394/302/34 of the Indian Penal Code, 1860 (in short 2 "IPC") and Section 27 of the Arms Act for the murder of deceased Bhola Chaudhary. During the course of investigation, it came to light that the appellant had conspired with his father and brother to finish Bhola Chaudhary. Charge sheet was filed against Munilal Sahni, Biswanath Sahni and the appellant. At the time of framing of the charge on 21.11.2002, the appellant was charged only under Section 120-B IPC alone and the co-accused Munilal Sahni was charged under Sections 302/34, 394 and 412 of the IPC and Section 27 of the IPC. Accused Bishwanath Sahni was charged under Section 302/34 IPC. None of the co-accused was charged for conspiracy under Section 120-B IPC. The appellant was not charged with any other offence except under Section 120-B IPC though the specific case of the prosecution was that the appellant hatched the criminal conspiracy with his father and brother to eliminate Bhola Chaudhary. On conclusion of the trial, the appellant was convicted vide judgment and order dated 30.5.2003 under Section 120-B IPC and was sentenced to undergo rigorous imprisonment for life. Accused Bishwanath Sahni was convicted under Section 302/34 IPC and sentenced to R.I. for life. Accused Munilal Sahni was convicted under Sections 302, 394 and 412 of 3 the IPC and sentenced to undergo R.I. for life under Section 302, R.I. for seven years under Section 394 and R.I. for three years under Section 412 IPC. He was further convicted under Section 27 of the Arms Act and sentenced to undergo R.I. for one year.

3. Being aggrieved, all the convicted persons including the present appellant filed appeal which has been decided by the impugned judgment and order dated 13.12.2007 by which the High Court acquitted Bishwanath Sahni, giving benefit of doubt. Appeal of the present appellant and Munilal Sahni was dismissed.

8. As per the trial court judgment the money bag containing Rs.11,000/- looted from the deceased Bhola Chaudhary was recovered from accused Munilal Sahni, the brother of the appellant 6 and it was established before the trial court that the appellant had been demanding "Rangdari" from the deceased on telephone. The Trial Court believed Ashok Paswan PW.2 and Ashok Kumar Verma PW.5, so far as the conspiracy part is concerned as they had stated that in their presence the appellant had directed his father and brother that if Bhola Chaudhary deceased would not pay amount he should be finished. Both the witnesses had given satisfactory explanation for being present in Hazipur Court at the relevant point of time. The documentary evidence had been produced to the satisfaction of the court to corroborate their evidence that the appellant was present in the Court on 12.10.2001 to appear in Sessions Trial No.116/2001. It was also satisfactorily proved that appellant had talked with co-accused, his brother and father in between the place court Hajat and the court. The trial court found no reason to disbelieve the depositions of Ashok Paswan PW.2 and Ashok Kumar Verma PW.5. The Trial Court came to the conclusion that appellant Sanichar Sahni hatched the conspiracy and directed his brother and father to finish Bhola Chaudhary in case the money was not paid by him and consequently, Bhola Chaudhary was murdered by the co-accused on 12.10.2001 at 8.45 P.M. 7

19. Thus, in view of the above, we do not find any force in this appeal. The appeal is, accordingly, dismissed.

26th May, 2009.

Digital Proforma

1. Case No. : Criminal Appeal No. 772 of 2008

2. Date of decision : 26.5.2009

5. Date of C.A.V. : 20.5.2009

6. Judgment delivered Hon'ble Dr. Justice B.S. Chauhan by :

7. Nature of judgment : Reportable Whether reportable