KASHI RAI OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals are directed against the judgment of the Patna High court confirming the convictions and sentences awarded by the trial court against the appellants. In the trial court as many as 13 accused were tried for offences punishable under S. 148, 307, 326, 302/34 and 302/149 Indian Penal Code. The trial court convicted all of them under S. 148 and sentenced each of them to undergo RI for two years. Indradeo Rai, A-1, Doman Rai, A-9 and Raj Ballav Rai, A-10 were also convicted under S. 302/34 Indian Penal Code and sentenced to imprisonment for life. Upendra Rai, A-5 and Chandradip Rai, A-6 were also convicted under S. 307 and 324 Indian Penal Code and were sentenced to undergo Rl for seven years and two years respectively. Basantlal Rai, A-11 and Anuplal Rai, A-13 were also convicted under S. 307 and 326 Indian Penal Code and were sentenced to undergo RI for seven years on each count. The sentences were directed to run concurrently. The appeal filed by them was dismissed by the High court. During the pendency of the appeal, Chhotan Rai, A-7 died. Out of the remaining 12 convicted accused, Kashi Rai, A-2, Satrughan Rai, A-3, Sukhdeo Rai, A-4 and Gopal Rai, A-8 have preferred Criminal Appeal No. 115 of 1984. The remaining accused have preferred Criminal Appeal No. 164 of 1984.

(2.) The prosecution case is as follows: The accused, the main prosecution witnesses and the deceased Maksudan belong to Rasalpur Village. On 23/05/1968 Public Witness 6, brother of Public Witness 15, went to see his sweet potato field in the morning and he found A11 with his men taking out sweet potato from his field to which he objected. A-11 and his men assaulted Public Witness 6 and took away sweet potato. Public Witness 6 went to Samastipur to lodge a complaint on the same day. On 24/05/1968 in the morning Public Witness 15 had gone to river to take his bath. He found a mob consisting of about 200 to 250 persons collected at Bariyapur Ghat and some of them were crossing the river on boat. Public Witness 15 became suspicious and went to Public Witness 11 and informed him about the same. Subsequently he learnt that the mob was collecting near Kali Asthan with an intention to loot the shops of villagers of Rasalpur. Public Witness 11 called PWs 3, 7 and 9 and the deceased and they all started for Kali Asthan. There they found a mob of about 200 to 250 persons and they triedto persuade the mob to go away but the mob started pelting brickbats on them due to which Public Witness 15 and others tried to move back but Public Witness 15 and the deceased were surrounded by the mob. A-11 assaulted Public Witness 15 with a bhala on his chest. A-5 assaulted him with a bhala on the lower portion of his leg. A-6 assaulted him on his right knee with gupti. A-13 assaulted him with a bhala on his head and also hit him with his gun. Meanwhile the deceased was also assaulted and he fell down. Thereafter the mob went away. Public Witness 15 could not say as to which of the assailants assaulted the deceased. After the mob left, the deceased was removed from the place of assault to the Pipal tree. Public Witness 17, the Officer-in-charge of the Mohiuddin Nagar Police Station received information at about 8,15 a. m. through a constable Public Witness 5. Public Witness 17 went to Rasalpur Village and he also saw some persons running away. Public Witness 17 found Public Witness 15 and the deceased lying under the Pipal tree and the deceased was unconscious. He recorded the statement of Public Witness 15 which is the first report. In the meantime, the deceased died. Public Witness 17 inspected the scene of occurrence and there he found marks of trampling and footprints and also fresh copious blood in the field. Within a short distance of 50 to 60 yards from the place of occurrence, there are other houses. In the house of Shri Sah the dead body of Ram Baran Rai belonging to the accused party was found. One Mishri Thakur, also belonging to the accused party, died during the same occurrence and his dead body was found in his house and Indradeo Rai, A-1 also received injuries. Public Witness 17 sent the dead body of the deceased Maksudan for post-mortem and Public Witness 15 for treatment. Public Witness 18, the Doctor examined Public Witness 15 and found two penetrating wounds, one incised wound and two firearm injuries on him. Public Witness 19 conducted the post-mortem on the dead body of Maksudan and he found five incised wounds and one lacerated wound which was on the head and which resulted in the fracture of the skull and proved fatal. The prosecution examined 19 witnesses. Out of them Public Witness 15 is the main injured witness and informant in the case and others are PWs 1, 3, 7, 9 and 11. The accused denied the offence and they stated that the entire occurrence took place at Village Mohanpur and not at the place as alleged by the prosecution. A-1 lodged a case against the prosecution party staling that the prosecution party caused the death of Mishri Thakur and Ram Baran Rai and also caused injuries to him. Public Witness 17 registered a case on the basis of the report given by A-1. He also held inquest on the dead bodies of Mishri Thakur and Ram Baran Rai and also got A-1 examined. Two defence witnesses were examined on behalf of the accused to prove their case.

(3.) The Sessions court, however, accepted the prosecution case and held that the accused were the aggressors and accordingly held them guilty and the same has been upheld by the High court