RAJENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The nine appellants, Rajender Rai (28), Baleshwar Rai (19), Dhupa Rai (20), Ramlakhan Rai (60), Ramanand Rai (65), Judagi Rai (18), Dhuli Rai (32), Dhorha Rai (25) and Krishna Rai (22), were tried along with three others Jadu Rai (17), Ramanandan Rai (23) and Jitan Rai (60) in the Court of learned Additional Sessions Judge Patna and were acquitted. On appeal filed by the State of Bihar and revision petition filed by Harnandan Singh, the Patna High Court set aside the acquittal of the nine appellants and convicted them for offences under Section 302 read with Section 149 Indian Penal Code for the murder of Palaknath Singh (28) and sentenced each of them to undergo imprisonment for life. Conviction was also recorded against the appellants for other offences but it is not necessary to set out their details. Acquittal of Jitan Rai, Ramanandan Rai and Jadu Rai was affirmed. The nine appellants thereafter came up in appeal to this Court by special leave.

(2.) The nine appellants as well as Palaknth Singh deceased belonged to village Lahiyarchak in district Patna. Out of the appellants, Rajendra Rai and Baleshwar Rai are brothers, being sons of Ramanandan Rai accused. The prosecution case is that Harnandan Singh (P.W.17). who is the father of Palaknath Singh deceased, had enmity with the accused since 1948 when a dacoity was committed in Harnandan Singh's house. Ramanandan Rai and Jitan accused were prosecuted in connection with that dacoity. The relations between the parties also got strained when a contest took place for the post of Mukhia between Nankhkoo Singh (P.W.20), father of Harnandan Singh on one side and Rambhaju Singh on the other. In that election Rajendra Rai and Baleshwar Rai accused acted as the agents of Rambhaju Singh. A day before the present occurrence some bundles of paddy were stolen from the Khalihan (thrashing ground) of Ramanandan Rai accused. Ramanand thought that the above theft had taken place at the instance of Nankhkoo Singh.

(3.) On January 14, 1966 at about noon time, it is stated, Bhola Singh (P.W.5) was working in his onion field when he saw the nine appellants coming from the village abadi to the field of Harnandan Singh P.W. Out of the nine appellant Dhupa Rai and Rajendra Rai were armed with garasas, while Ramlakhan and Baleshwar had bhalas. The rest of the five appellants were armed with lathis. Rajendra and Baleshwar then began to uproot Khesari crop from the field of Harandan Singh. When Bhola Singh protested, Ramanand accused replied as to why he did not protest when Nankhkoo got Ramanand's paddy stolen. Ramanand also asked Bhola Singh to send Nankhkoo. Bhola Singh then went to the palan of Nankhkoo and found besides others Palaknath deceased and Sudheshwar (P.W.13). sons of Harnandan Singh, present there. Bhola Singh told them about the uprooting of Khesari crop from Harnandan Singh's field by the appellants. Palaknath then ran towards the Khesari field, while Sudheshwar went to inform his father Harnandan Singh who was present in his Khalihan along with Mohd. Shamim (P.W.1), and Haidal (P.W.8) and Ekram (C.W.1) Harnandan Singh was at that time getting paddy thrashed in the Khalihan. Bhola Singh then took water from his house and accompanied by Kedarnath Singh (P.W.11) and Ramdeo Singh (P.W.14), proceeded towards the Khesari field of Harndan Singh. Harnandan Singh on being told by his son Sudheshwar that the appellants were uprooting Khesari crop from his field proceeded towards that field. Harnandan Singh met Palaknath near his orchard on the way to Khesari field. When they arrived near the field, they found Rajendra and Baleshwar uprooting Khesari crop, while the appellants were sitting near the edge of the field. When Harnadan Singh and Palaknath reached the field of Isa Mian close to their field, the appellants shouted that Palaknath and Harnandan Singh should not be spared. Harnandan Sigh and Palaknath then ran back towards the village abadi but they were overtaken by the appellants near a well. Rajendra Raj accused then gave a garasa below on the head of Palaknth deceased, as a result of which the deceased fell down. This was followed by further blows to the deceased by Dhupa accused with his garasa and Baleshwar and Ramlakhan accused with their bhalas. Harnandan Singh P.W. was given lathi blows by Ramanand, Judge Rai and Krishna Rai, Baldeo Singh (P.W.16) was then handed over a gun by Nankhkoo Singh (80), father of Harnandan Sigh, with a view to scare away the appellants. The said gun was, however, snatched from the hands of Baldeo Singh when arrived near the place of occurrence by Baleshwar accused. On seeing Nankhkoo Singh the accused party ran towards him with a view to assault him. When Kedarnath Singh (P.W.11) and Ramdeo Singh (P.W.14) protested. Baleshwer and Ramlakhan accused caused them injuries with their bhalas. Rajendra accused then gave kicks on the head of Palaknath as a result of which the brain matter came out of the head. The accused then ran away. In the meantime, Harnandan Singh ran to police station, Phulwari Sharif, at a distance of three miles from the place of occurrence, and lodged there report Ex.3 at 1.30 p.m. Sub-Inspector Nand Kishore Singh (P.W.22), who recorded the first information report, noticed several injuries on the person of Harnandan Singh. Harnandan Singh was accordingly got examined from Dr. Chaudhary at 4 p.m.