AMERIKA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal Nos. 1516 and 1517 of 2004. Five accused persons have filed these appeals, they being Amerika Rai (original accused No. 1), Darbesh Rai (original accused No. 2), Mithilesh Rai (original accused No. 4), Sanjay Rai (original accused No. 5) and Sipahi Rai (original accused No. 6). The appeal of Chulhan Rai (original accused No. 3) is already dismissed. Six accused persons came to be tried for having formed themselves into an unlawful assembly and as a common object of that unlawful assembly, having committed murder of one Shankar Rai. Some of the accused persons were also charged with the offences under the Arms Act. All the accused persons were convicted for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code (IPC), while Chulhan Rai (A-3) was convicted for substantive offence punishable under Section 302 and for offence punishable under Section 27 of the Arms Act. Again, Mithilesh Rai (A-4) was also convicted for the offence punishable under Section 307 IPC in addition to the offences punishable under Section 27 of the Arms Act and Section 302 read with Section 149 IPC. He was booked for that offence on the allegation that he had fired at and injured one Dineshwar Rai (PW-7).

(2.) The prosecution story is in the short conspectus. This is a cruel murder of a young bridegroom Shankar Rai who was married only a day before. He was put to death virtually without any reason. As per the prosecution story, his marriage was held at village Ishupur, Police Station Lalganj, District Vaishali. All the accused persons appear to be either relations or neighbours of deceased Shankar Rai. They all had joined the bridegroom party and were present at the time of marriage. It is alleged that at the time of function of "Dwarpuja", there was some altercation in between the members of bride party on one side and bridegroom's on the other. It is alleged that the brother of the informant Dineshwar Rai was assaulted by the members of the bride party and in retaliation, the informant also attacked some members of the bride side. Further, when one of the accused persons Sanjay Rai (A-5) was going back to Janmasa (the place where the bridegroom's party stays during the marriage), he was assaulted by some boys of the village. However, the marriage was solemnized. The party of the bridegroom returned to their village alongwith bride, and alongwith them, the brother-in-law of the bride accompanied as per the custom. On the next day, at about 11'o clock in the morning, when the said brother-in-law, namely, Ram Babu (PW-6) was going for rest after taking meals, the accused persons, namely, Amerika Rai (A-1), Darbesh Rai (A-2), Chulhan Rai (A-3), Mithilesh Rai (A-4), Sanjay Rai (A-5) and Sipahi Rai (A-6) assaulted him with fists and slaps. When this was objected to, a quarrel ensued. At that very time, Amerika Rai (A-1) exhorted and as a result, Chulhan Rai (A-3) brought a licensed gun and fired 6/7 rounds at Shankar Rai. He fell down injured. In the meantime, Mithilesh Rai (A-4) fired 3/4 rounds from his gun causing injury to Dineshwar Rai (PW-7) who was none else but the brother of Shankar Rai (deceased). He suffered injuries to his hand, abdomen and thigh. At this time, Sanjay Rai (A-5) and Sipahi Rai (A-6) also opened fire from their pistols. Darbesh Rai (A-2) was present with a lathi. Injured Shankar Rai was removed to the State dispensary, Parsa, where he died during his treatment. Dineshwar Rai (PW-7) was also treated. The incident, having taken place in the broad day light, was witnessed by number of persons including the villagers. Dineshwar Rai (PW-7) reported the matter on 26.6.1995 at 4.15 pm to the Officer-in-charge of Dariyapur Police Station. This was done in the State dispensary. FIR was drawn up by Dariyapur Police Station vide case No. 76/95 and the offences were registered under Sections 302, 307, 324 read with Section 34 IPC and Section 27 of the Arms Act. The chargesheet was filed and the matter was committed to sessions. All the accused abjured their guilt.

(3.) In support of the prosecution, as many as 12 witnesses were examined including the eye-witnesses, the police witnesses and the doctors.