UMA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals arise out of the judgment and order dated 5.5.1987 passed by 4th Addl. Sessions Judge, Chapra in S.T. No. 42/78. They have been heard together and are being disposed of by this judgment. The appellants in Cr. Appeal No. 194/87 and Cr. Appeal No. 198/87 have been convicted for the offence under Sec. 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. The appellant in Cr. Appeal No. 248/87 has been convicted for the offence under Sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. Appellant Nos. 1 & 4 in Cr. Appeal No. 194/87 and appellant in Cr. Appeal No. 248/87 and Cr. Appeal No. 198/87 have further been convicted for the offence under Sec. 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. The rest of the appellants in Cr. Appeal No. 194/87 have been convicted for the offence under Sec. 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. The appellants in all the three appeals have further been convicted for the offence under Sec. 379 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years.

(2.) THE prosecution case is that on 18.11.1973 at about 11.30 a.m. Ravindra Tiwary went to the Police Station along with the dead body of one Mangal Tiwary and gave fardbeyan that at about 10 a.m. he was at his house. Paddy crop over 1 bigha 12 katha land situated at village Mander was ripe for harvesting. He saw about 200 persons variously armed assembled in the paddy field. He along with Phulan Tiwary, Jogendra Tiwary, Nagendra Tiwary and Mangal Tiwary proceeded to protest. The, miscreants fired three rounds in the air. They further proceeded and saw that, some of the persons were harvesting paddy crops and some of them were standing, out of whom he identified 11 persons. Ram Bahadur Rai ordered to kill and fired which hit the chest of Mangal Tiwary who fell down on the ground and died. Phulan Tiwary tried to lift him but he was assaulted by Hira Mahto with bhala on the left side of his chest. Sikandar Rai fired pistol causing injury on his right hand. The other persons also assaulted him with lathi. In the occurrence, accused Chotu Rai and Jamadar Rai also sustained injury. On alarm raised, Junarbi Rai and others came and saw the occurrence.

(3.) ON the aforesaid fardbeyan Ext. 3, a formal First Information Report, Ext. 4, was drawn. Investigation was taken up and on completion of investigation charge -sheet was submitted against 11 persons. On receipt of charge -sheet cognizance was taken and the case was committed to the Court of Session. During the pendency of the trial three persons, namely, Chandradeo, Hira Mahto and Nawal Singh died and as such only 8 persons were put on trial. The trial Court convicted the appellants as indicated above.