SURESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Enmity, undoubtedly, is a double-edged weapon; it may be a motive for commission of crime; it may also be a motive for false implication. If, as in the instant case, one edge of the weapon of enmity is blunt, it cannot be sharpened by the judicial process. The weapon of enmity in the instant case, as we shall presently see, does not cut any ground for the commission of crime.

(2.) The appellants were charged and tried for offences under Sections 302/34, IPC for having committed the murder of Shambhu Rai on June 2, 1984 at Dhamaun Ghour, Village Garh Chak Seema, P.S. Patory, Distt. Samastipur. One of the appellants, Pradeep Rai was further charged under Sections 109/302, IPC for having abetted the offence by giving directions to his co-appellants, Suresh Rai and Jitendra Prasad Rai to commit the murder of Shambhu Rai. The appellant Suresh Rai was further charged under Section 27 of the Arms Act for being in possession of a country-made pistol which he had fired twice at Shambhu Rai. The appellants were convicted for the aforesaid offences by judgment and order dated 15-4-1988, passed by the 2nd Addl. Sessions Judge, Samastipur, and were sentenced to life imprisonment for the offences under Sections 302/34, IPC, but no separate sentence was passed under Sections 109/302, IPC against Pradeep Rai or under Section 27 of the Arms Act against Suresh Rai. The appeal filed by the appellants in the High Court was dismissed on 5th of May, 1998. Hence, this appeal.

(3.) The prosecution story, as set out in the FIR, is that on 2nd of June, 1984 at about 5.30 A.M., Sheo Deo Rai (informant-P.W. 10) along with Shatrughan Rai (P.W. 16) and Ram Narain Rai (P.W. 17), accompanied by Shambhu Rai (deceased), had gone to Dhamaun Chour to scrape grass and while they had scrapped the grass for about half an hour, there came the appellants, Suresh Rai (armed with a pistol), his father Pradeep Rai (armed with a dagger) and his cousin Jitendra Prasad Rai alias Jaintri Rai (armed with a dagger). Out of them, Pradeep Rai, who was the father of Suresh Rai, asked others, namely, Sheo Deo Rai (P.W. 10), Shatrughan Rai (P.W.16) and Ram Narain Rai (P.W. 17) to move away as they had come to commit the murder of Shambhu Rai. These persons then moved a few paces away and then Suresh Rai, at the instigation of his father. Pradeep Rai, fired two shots at Shambhu Rai, who fell down and, thereafter, Pradeep Rai and Jitendra Prasad Rai gave Chhura (dagger) blows to the deceased who died on the spot. This story has been held to have been proved both by the trial Court and the High Court.