RAJENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal filed by the convicted accused after obtaining leave of this Court. Leave was granted limited to the question of sentence only. The appellant has been awarded death 1sentence and, therefore, what we have now to consider is whether the death sentence is justified in view of the facts and circumstances of this case.

(2.) What is found proved against the appellant is that on 12-10-91 at about 5.30 a.m., in view of the land dispute with deceased- Krishnandan Rai, he gave one blow to Krishnandan with 'Hasua' - a sharp edged weapon. It is also held proved that when Bir Bahadur Rai, son of Krishnandan came there running, hearing shouts of his mother, Nagendra Rai, who was with the appellant, caught him and made him bend down and the appellant gave him three or four blows with 'Hasua' and severed his neck.

(3.) The Sessions Court considering the facts and circumstances of the case and the role played by the appellant imposed death sentence upon him. The other accused-Nagendra Rai has been sentenced to suffer imprisonment for life. Both the accused challenged their conviction by filing separate appeals. The Sessions Court also made reference to the High Court for confirmation of death sentence. The High Court agreeing with the findings recorded by the trial Court confirmed the conviction and also the order of sentence. Accordingly, the appeals filed by the accused were dismissed and the reference was accepted.