RAM DULAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant No. 1 (Ram Dular Rai) faced trial for the commission of offences punishable under Sections 302 and 307 of the Indian Penal Code, 1860 (for short the 'IPC'). The other appellants were tried for offences relatable to Section 302 read with Section 149, IPC and Section 307 (read with Section 149, IPC. Each of the appellants was also tried for commission of offence punishable under Section 148, IPC and Section 27 of the Arms Act, 1959 (in short the 'Arms Act'). They were found guilty and sentenced to undergo imprisonment for life for the offence relatable to Section 302 or Section 302 read with Section 149, IPC, as the case may be. Appellant No. 1 was further sentenced to undergo imprisonment for 10 years for the offence relatable to Section 307, IPC and other three appellants were sentenced to five years imprisonment for the offence relatable to Section 307 read with Section 149, IPC. Each of them were sentenced to undergo imprisonment for three years for the offence relatable to Section 148, IPC and Section 27 of the Arms Act. In appeal by the impugned judgment, appeal of the appellant Ram Dular Rai was dismissed. In respect of other appellants, conviction for offences relatable to Section 307 read with Section 149, IPC was set aside. The background facts leading to the trial is as follows :

(2.) The informant Baleswar Nath Singh (PW-6) in his fardbayan recorded on 17-3-1988 at about 1.05 a.m. stated that he was sleeping in the night on the Dalan of the house where a lantern and a dhibri were burning giving sufficient light in the Dalan. He was sleeping at the eastern extreme on a cot and near him his son Kamla Singh, daughter of Kamla Singh, Renu Devi (PW-2), were also sleeping. Other members of the family were sleeping inside the rooms. At about 12.30 a.m. the accused-appellants each armed with double barrel gun came to the Dalan along with ten to eleven other persons and standing outside the Dalan, were also armed with guns. On being asked by the informant about their identity, appellant Lalu Rai scolded him and placed his gun on his chest. Accused-appellants Ram Dular Rai fired three times on his son Kamla Singh (hereinafter referred to as the 'deceased') grievously injuring him, whereafter accused fired on Renu Devi, injuring her. Thereafter all the assailants filed away. Other members of the family and co-villagers Jai Narain Singh (PW-3) also had seen the occurrence. Kamla Singh died due to the injuries soon thereafter. According to the informant, the reason for the assaults was that they had been opposing one Madho Singh since the election of Mukhiya of their Panchayat, for which reason the assailants had committed the offence.

(3.) The accused persons denied their alleged role in the alleged occurrence claiming that they have been falsely implicated. Accused-appellant Lallan Rai in his examination under Section 313 of the Code of Criminal Procedure, 1973 (for short the 'Code') claimed that he was not even present, for which he placed reliance on medical certificate. One witness was also examined as DW-1. The said witness Narain Chaupal was a constable who was deputed for the security for accused-appellant Ram Dular Rai after a decoity was allegedly committed in his house. The witness (DW-1) claimed that on hearing gunshots he had called appellant-Ram Dular Rai and his brother Lal Mohar Rai and at his call they came out from their house. In essence, the stand was that since they were at their residence at that time, they would not have committed the alleged offence. Prosecution examined 13 witnesses. Out of whom Renu Devi (PW-2) is an injured witness and the informant was PW-6. There were two other eye-witnesses namely Ramji Singh and Jai Narain Singh (PWs-1 and 3 respectively). Placing reliance on their evidence, the trial Court convicted the appellants as noted supra.