HIRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of the Patna High Court confirming the appellant's conviction under Section 304, Part-I IPC and reducing the sentence of rigorous imprisonment from 10 years to 5 years.

(2.) In all 19 persons were put up for trial before the learned Additional Sessions Judge, Arrah-16 out of them were acquitted. Three who were convicted and sentenced appealed to the High Court. The High Court acquitted two more but confirmed the conviction of the appellant but reduced the sentence.

(3.) The incident out of which the case arose took place at about 9.45 A.M. on 23-2-1965 in village Chilhari which is 6 miles from Dumra on Police Station. Plot No. 1327 measuring about 6.68 acres was in the possession of Chhedirai and Jitanrai who had grown their crops therein. One Kamlarai and his wife Suraj Kumari had filed a suit for the possession of this plot. The suit was finally decreed in favour of Suraj Kumari to the extent of 10 annas 8 pies share. The decree was executed about 12 days before the incident by awarding symbolic possession under O. XXI, R. 35 (2) C.P.C. In other words, she was put in joint possession of the property and no actual possession of any portion of the land was given to her. Admittedly the standing crop on the land belonged to Chhedirai and Jitanrai, and Suraj Kumari could have no claim to it. Still on the morning of 23-2-1965 Kamlarai and his son went to the plot with some ten to fifteen labourers for harvesting the crop. Chhedirai and others on his behalf including the appellant Hirarai where already on the spot. They were obviously armed with lathis and spears ready to resist if Kamlarai proceeded to harvest the crop forcibly. There was an altercation in which some five persons on the side of Kamlarai were injured. One of them Biharirai succumbed to the injuries. On the side of Chhedirai, Chhedirai alone appears to have been injured. In due course information was filed at the Police Station and, as already stated, 19 persons were put up for trial out of whom 18 have been acquitted and we are now concerned with the case of only one, namely, the present appellant.