RAMPUKAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) RAM Agya Rai and seven others were charged with the murder of Radhey Shyam Rai and were tried for the offences under section 302/149,148,147 Indian Penal Code and 27 of the Arms Act. Ram Agya Rai was convicted under sections 302 IPC, 148 IPC and was sentenced to imprisonment for life. He was also sentenced to two years under section 27 of the Arms Act. All other accused were sentenced to life imprisonment under section 302/149 Indian Penal Code. Accused Ram Agya Rai, Parashu Rai, Ram Pukar Rai, Sheo Murat Rai and Nand Jee Rai were further convicted under section 148 IPC and were sentenced to two years rigorous inprisonment each. Accused Bigan Rai, Deonagar Rai and Nathuni Kaharwere further convicted under section 147 IPCand were sentenced to one year rigorous imprisonment each. Two criminal appeals were filed before the High Court. Ram Agya Rai filed a separate appeal and Parashu Rai and six other convict filed the second appeal. The High Court dismissed both the appeals by a common judgment. This Court by its order dated April 6, 1992 dismissed the special leave petition filed by Ram Agya Rai. This appeal through Superintendent, Central Jail Buxar(Bihar) is on behalf of Ram Pukar Rai, Parashu Rai, Shiv Murat Rai, Nand Jee Rai and Dev Nagar Rai.

(2.) THE prosecution case, in a nutshell, is that Radhey Shyam Rai - deceased was sleeping in his Kahlian on the night between December 30/31,1984. His brother Ram Bachan Rai, the first informant, was also sleeping near -by. At about 2/2.30 A.M. on the barking of the dogs Ram Bachan Rai woke up and in the torch light he saw Ram Agya Rai with single barrel gun, Parashu Rai, Ram Pukar Rai armed with Bhalas, Sheo Murat Rai, Nand Jee Rai armed with Garasas and Bigan Rai, Deonagar Rai and Nathuni Kahar armed with lathis surrounding his brother Radhey Shyam Rai. Parashu Rai and Ram Pukar Rai snouted that Radhey Shyam Rai had not allowed them to thrash their paddy in his Khalian and immediately thereafter Ram Agya Rai fired a shot which hit Radhey Shyam Rai in the head. Thereafter all the accused fled away from the place of occurrence saying that if anyone chased them he would be killed. Radhey Shyam Rai was taken to the hospital on a cot but he died before reaching the hospital. According to the informant the deceased had told him that it was Ram Agya Rai who had injured him by firing the gun shot.

(3.) P .W.5 Saket Bihari Singh is the youngest brother of the deceased. He has stated that he was sleeping at his Dalan when he heard the sound of gun -shot. Thereafter he got up and rushed towards his Khalian where he found his elder brother Radhey Shyam Rai in injured condition. He further stated that his brother Ram Bachan Rai, the informant told him about the alleged occurrence and also the fact that he had identified, in the torchlight, all the accused persons along with their respective weapons.