GANDHI SAHANI vs THE STATE OF BIHAR
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.900 of 2023
Arising Out of PS. Case No.-107 Year-2015 Thana- BOCHAHAN District- Muzaffarpur
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Gandhi Sahani, Son Of Late Dwarik Sahani, Resident Of Village - Sarbani
Chak Dhab, P.S. - Bochaha, District – Muzaffarpur.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
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Appearance :
For the Appellant : Mr. D.N. Jha, Advocate
Mr. Chandrasekhar Sharma, Advocate
Mr. Abhay Kumar, Advocate
For the State : Mr. Abhimanyu Sharma, Addl. P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 03-09-2026
Heard learned counsel for the appellant and learned
Additional Public Prosecutor for the State.
2. The present appeal has been preferred for setting
aside the judgment of conviction dated 10.07.2017 (hereinafter
referred to as the ‘impugned judgment’) and the order of sentence
dated 15.07.2017 (hereinafter referred to as the ‘impugned order’)
passed by learned Sessions Judge, Muzaffarpur (hereinafter
referred to as the ‘learned trial court’) in Sessions Trial No. 539 of
2015 arising out of Bochaha P.S. Case No. 107 of 2015. By the
impugned judgment, the appellant has been convicted for the
offence punishable under Section 302 of the Indian Penal Code (in
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short ‘IPC’) and by the impugned order, he has been ordered to
undergo imprisonment for life and to pay a fine of Rs.10,000/-
under Section 302 IPC and in default of payment of fine, he has to
undergo rigorous imprisonment for two months.
Prosecution Case
3. The prosecution case is based on the fardbeyan
(Exhibit ‘3’) of Madhu Devi (PW-3) recorded by S.I. Prabhat
Ranjan Saxena (PW-8) of Bochaha Police Station on 26.06.2015 at
10:00 PM at Sarbani Chak Dhab. The informant (PW-3), who is
the daughter-in-law of the deceased, has stated that on 26.06.2015,
the deceased after eating the dinner was sleeping outside on the
cot. In the meantime, all of a sudden in the night her bhaisur
Gandhi Sahani (appellant) came there with a knife and started
attacking on her father-in-law. The appellant stabbed on the chest
and back of the deceased with knife. After shouting, they came
there and saw that Dwarik Sahni (deceased) was running to save
his life but her bhaisur Gandhi Sahani followed him and attacked
on his vital parts of the body approximately 10-12 times and after
this, in front of her eyes her father-in-law Dwarik Sahni died.
Thereafter, Gandhi Sahani sat there with the knife in his hand and
started abusing and threatened that if anyone will come near him,
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he would be killed. She further alleged that her father-in-law was
killed by her bhaisur Gandhi Sahni in front of her eyes.
4. On the basis of the fardbeyan of the informant (PW-
3), Bochaha P.S. Case No. 107 of 2015 dated 27.06.2015 was
registered under Section 302 IPC against the sole accused Gandhi
Sahani.
5. After investigation, police submitted chargesheet
bearing Chargesheet No. 212 of 2015 dated 31.07.2015 against
Gandhi Sahani under Section 302 IPC.
6. Learned Chief Judicial Magistrate, Muzaffarpur vide
order dated 18.08.2015 took cognizance of the offences punishable
under Section 302 IPC against the appellant and committed the
records to the Court of Sessions.
7. Charge was read over in Hindi and explained to the
appellant to which he pleaded not guilty and claimed to be tried.
Accordingly, vide order dated 04.11.2015, charge was framed
against him under Section 302 IPC.
8. In course of trial, the prosecution examined as many as
eight witnesses and got exhibited various documentary evidences.
The description of the prosecution witnesses and the list of
documents exhibited on behalf of the prosecution are provided
hereunder in a tabular form:-
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List of Prosecution Witnesses
Prosecution
Witness No.
Name of Witness Description
PW-1 Mukhlal Sahni Neighbour
PW-2 Kapal Sahni Neighbour
PW-3 Madhu Devi Informant
PW-4 Srawan Sahni Eye witness
PW-5 Munilal Sahni Neighbour
PW-6 Dr. Vijay Kr. Prasad Medical Officer
PW-7 Maheshwar Prasad I.O.
PW-8 Prabhat Ranjan Saxena Police Officer
List of Exhibits on behalf of Prosecution
Exhibit No. Description of the Exhibit Proved by/ Attested
by
‘1’ Signature of informant
(Madhu Devi) on fardbeyan.
PW-3
‘1/1’ Signature of witness P.W.1.
(Mukh Lal Sahni) on
fardbeyan of informant.
PW-1
'2' P.M. report of deceased
Dwarik Sahni
PW-6
'3' Fardbeyan of informant PW-7
‘4’ Seizure list PW-7
‘5’ Endorsement at the margin of
fardbeyan.
PW-7
‘6’ Formal FIR. PW-7
‘7’ Inquest report. PW-7
9. Thereafter, the statement of the appellant was recorded
under Section 313 of the Code of Criminal Procedure (in short
‘CrPC’) in which he pleaded innocence and stated that he has been
falsely implicated in this case.
Findings of the Learned Trial Court
10. Learned trial court, after analysing the evidences
available on the record found that although the defence has cross-
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examined all the prosecution witnesses but could not elicit any fact
which might falsify the prosecution case.
11. Learned trial court further concluded that PW-1 to PW-
5 are all eye witnesses to the occurrence and they have fully
supported the prosecution case. Learned trial court has also found
that the blood-stained knife has been recovered from the possession
of the accused-appellant.
12. Learned trial court after considering all the facts and
circumstances of the case found that the prosecution has been able to
prove its case against the accused-appellant beyond shadow of all
reasonable doubts and has convicted him under Section 302 IPC.
Submissions on behalf of the Appellant
13. Learned counsel for the appellant while assailing the
impugned judgment and order has submitted that the learned trial
court has not fully appreciated the evidences available on the record
and committed grave error in convicting the appellant.
14. Learned counsel for the appellant submits that due to
family dispute, the appellant has been falsely implicated in this case.
It is submitted that the prosecution has not proved any motive behind
the occurrence.
Submissions on behalf of the State
15. Learned Additional Public Prosecutor for the State has
opposed the appeal. It is submitted that the learned trial court has
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meticulously examined the evidences available on the record and
found the involvement of the appellant in the commission of the
offence. Hence, the impugned judgment and order need no
interference of this Court.
Consideration
16. We have heard learned counsel for the appellant and
learned Additional Public Prosecutor for the State as also perused the
trial court’s records.
17. The prosecution case in based on the fardbeyan of
Madhu Devi (PW-3) who is the daughter-in-law of the deceased. She
has stated that on 26.06.2015, the deceased, after taking the dinner
was sleeping outside on the cot. In the meantime, all of a sudden in
the night her bhaisur Gandhi Sahani came there with a knife and
started attacking on her father-in-law. He stabbed on the chest and
back of the deceased with knife. On hulla , they came there and saw
that Dwarik Sahani was running to save his life but her bhaisur
Gandhi Sahani followed him and attacked on his vital parts of the
body approximately 10-12 times and after this, in front of her eyes
her father-in-law Dwarik Sahni died. Thereafter, Gandhi Sahani sat
there with the knife in his hand and started abusing and threatened
that if anyone will come near him, he would be killed. She further
alleged that her father-in-law was killed by her bhaisur Gandhi
Sahani in front of her eyes.
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18. We have noticed that in this case, the appellant is the
eldest son of the deceased. Mukhlal Sahni (PW-1), Kapal Sahni (PW-
2), Madhu Devi (PW-3), Srawan Sahni @ Sawarna Sahni (PW-4) and
Munilal Sahni (PW-5) all have claimed themselves eye witnesses to
the occurrence. The appellant was arrested at the place of occurrence
with the knife. A seizure list had been prepared in presence of two
independent witnesses, namely, Mukhlal Sahni (PW-1) and Kailshiya
Devi (not examined).
19. Dr. Bijay Kumar Prasad (PW-6) is the Professor and
Head of Department of Forensic Medicine, S.K.M.C.H.
Muzzaffarpur, who had conducted the autopsy of the dead body of
the Dwarik Sahni. PW-6 had found the following ante-mortem
injuries:-
“(i) Incised wound 2” x 1” below left ear.
(ii) Incised wound 2” x 1” on left side of upper part of
abdomen large intestine comes out.
(iii) Incised wound 1” x1/2” below left umlipus.
(iv) Incised wound 1” x1/2” below right side of
abdomen.
(v) Incised wound 2” x 1” on left side of back.”
20. PW-6 has opined that the deceased died due to
hemorrhage and shock due to above injuries. The injuries were
caused by sharp-cut weapon.
21. Maheshwar Mandal (PW-7) is the Sub-Inspector of
Police, who was posted at Bochaha Police Station. He had received
the information that a person had been stabbed to death in village
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Sarbani Chak Dhab under the police station Bochaha. To verify this
information, he reached at the place of occurrence with SHO Prabhat
Ranjan Saxena along with police force. He had found that Dwarik
Sahni was lying dead and the accused Gandhi Sahani was caught by
the villagers. The informant Madhu Devi gave her fardbeyan which
was read over and explained to her whereafter she had put her
signature thereon in presence of witness, namely, Mukhlal Sahni
(PW-1) who had also put his signature on the same. PW-7 has
proved the fardbeyan of the informant which is recorded in the hand
writing of Prabhat Ranjan Saxena, SHO, which has been marked
Exhibit ‘3’. PW-7 has also proved the seizure list (Exhibit ‘4’). He
has proved the endorsement made by the SHO on the fardbeyan on
the basis of which Bochaha P.S. Case 107 of 2015 was registered. It
has been marked Exhibit ‘5’. The formal FIR was prepared by the
local Chaukidar Md. Shamshul on which at places SHO Prabhat
Ranjan Saxena had put his signature. The formal FIR has been
marked Exhibit ‘6’. The I.O. (PW-7) has given the description of the
place of occurrence which is matching with the prosecution case. He
had recorded the statement of the witnesses who were present there.
22. Prabhat Ranjan Saxena (PW-8), who was the Sub-
Inspector of Bochaha Police Station. He had prepared the seizure list
on which he had obtained the signature and thumb impression of two
independent witnesses and handed over one copy to the accused. He
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has identified the signature on the same, which has been marked as
Exhibit ‘4’. He has prepared the Inquest Report in presence of the
witnesses which has been marked Exhibit ‘7’.
23. On going through the entire evidences available on the
record, when we examined the judgment of the learned trial court, it
is found that the learned trial court has fully gone into the deposition
of all the witnesses and has further examined the exhibits thereafter
the learned trial court has, after hearing the parties, recorded its
opinion.
24. In our considered opinion, the learned trial court has
not committed any error in appreciation of the evidences available on
the record. No interference is required to be made to the judgment of
conviction and order of sentence.
25. This appeal is dismissed.
26. Let the copy of the judgment along with the trial
court’s records be sent down to learned trial court.
(Rajeev Ranjan Prasad, J)
(Sunil Dutta Mishra, J)
SUSHMA2/-
AFR/NAFR
CAV DATE
Uploading Date 07.09.2026
Transmission Date 07.09.2026