MUKATI PRASAD RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Six persons were charged and convicted by the First Additional Sessions Judge, Deoghar for offences under Sections 302/34, 307 and 302/114 IPC for causing the death of one kartik Prasad Rai and for attempting to murder his son on 13.11.1989 at about 4 p. m. in the village of More-Katta, Deoghar District.

(2.) There are four appellants. Appellant nos. 1 and 2, namely, Mukati Prasad Rai @ mukti Rai and Parmeshwar Prasad Rai @ parmeshwar Rai were convicted under Section 302/114 IPC and appellant Nos. 3 and 4, namely, Manohar Prasad Rai and Bharat prasad Rai were convicted under Section 302/34 and 307 IPC for causing the death of Kartik rai and attempting to cause the death of his son who is the informant and PW-6 in the case. All the accused were sentenced to life imprisonment. The first accused namely Shakti Prasad rai died during the pendency of the appeal before the High Court. Another convicted accused namely Bhangi Prasad Rai who is the person who inflicted the fatal injury on the head of the deceased has not preferred any appeal.

(3.) It all started from the plucking of a pumpkin (kaddu) from the house of one Ram prasad Rai- the brother of the informant by the daughter of accused No. 1-Shakti Prasad rai (since deceased). The genesis of the quarrel was on account of information given by the wife of the informant naming the daughter of shakti Prasad as the culprit. There was quarrel between the ladies for a shortwhile. It is the case of the prosecution that the wife of the informant was abused by the wives of Shakti prasad Rai and Bhangi Prasad Rai. The informant is alleged to have intervened and protested. Minutes later, the accused persons who are inter-related entered the house of Kartik Rai with lathis and an iron rod of a window. Amongst the accused, Bhangi Prasad Rai was having the iron rod. The accused then surrounded the informant and his father. According to the prosecution, the appellant nos. 1 and 2 and the other accused Shakti prasad Rai (since deceased) exhorted the remaining accused to kill them. Bhangi Prasad rai inflicted injury with iron rod, on the head of Kartik Rai who was aged 70 years or so. Appellant Nos. 3 and 4 thereafter assaulted him with lathi. An Injury of 1" x " bone deep on left partial region of skull, which was caused by Bhangi Prasad Rai with iron rod resulted in depressed fracture of the left perital bone. As per the medical evidence of PW-5 the other two injuries found on the body of the deceased were - two abrasions on the left hand and the third injury is a defused swelling of 2" x 1" on the right forearm. On dissection there was a fracture on right radius and ulna.