JAIKANT RISHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The above named 17 accused- appellants were convicted under Sections 302/149 and Sections 322/149 as also under Sections 325/149 including Sections 324/149 plus 579, IPC. The accused-appellants, jaikant Rishi, Triloki Rishi, Baishakhi Rishi, Rajendra Rishi, Prithivi Rishi, Ravi Rishi, Kare Rishi, Kusumlal Rishi, Ganeshi Rishi, Sufaldeo Rishi, Haleshwar Rishi and Jaleshwar Rishi, were further held guilty under Section 148, IPC. Appellants, Santlal Rishi, Bhuneshwar Rishi, Madhusudan Rishi, Haricharan Rishi and Kamu Rishi, were further held guilty under Section 147, IPC. The aforementioned accused-appellants were convicted under the respective sections in which they were held guilty. All the appellants were sentenced to undergo R.I. for life under Sections 302/149, IPC. They were further sentenced to undergo RI for one year under Sections 323/149, IPC. All were still further sentenced to undergo RI for three years for the offence under Sections 324/149, IPC. Besides the above, they were sentenced to undergo RI for three years for the offence under Section 379, IPC. They were still further sentenced to undergo RI for seven years for the offence under Sections 325/149, IPC. Some of the appellants were held guilty under Sections 148 and 147, IPC also as it has been stated above. They were sentenced to undergo RI for three years for the offence under Section 148, IPC and two year's RI for the offence under Section 147, IPC.

(2.) The case of the prosecution, as recorded in the written report of the informant (PW 3), Nitya Nand, was to the effect that this informant had wheat field in village Gangaili 10 Rassion South of a Nusher Toli Known as Jaikant Rishi Mushan Toli. This wheat field was overgrown with wheat crops on the alleged date of occurrence, i.e., 1.4.1984 and in the morning of this date, the informant, Nitya Nand, and his cousin, Pramod Khirhari (deceased), Prabhu Narain Khirhari (PW 11), their servant Sattan Yadav (deceased) were getting wheat crops being harvested by labourers. Suddenly, Jaikant Rishi, Baishakhi Rishi, Kusum Rishi, Medui Rishi along with 100 Mushars armed with various weapons came to the field and in the meantime Sarjug Thakur and Satyanand Khirhari also reached there from the Bahiyar. The members of un-lawful assembly started hurling abuses and Medni Mushar ordered for assault. Then, Jaikant Rishi with farsa in his hand, Mamaldeo Rishi with arrow, Rajendra Rishi with arrow, Haleshwar Rishi with sulpha, Jagashwar Rishi with arrow, Santlal Rishi with lathi, Baishakhi rishi with Sulpha, Kare Rishi with arrow, Rabai Rishi with arrow, Yogendra Rishi with arrow, Shyama Rishi with arrow, Triloki Rishi with farsa, Anup Lal Rishi with ballam, Jhaksu Rishi with lathi, Kusum Lal Rishi with arrow and other Mushars assaulted Pramod Khirhari, Sattan Yadav, Prabhu Narayan Khirhari, Satya Narayan Khirhari, Sarjug Thakur and the informant. Sattan Yadav died at the spot. Prabhu Narayan fell unconscious. Subsequently, the members of unlawful assembly carried away wheat crops harvested from 10 kathas of the field weighing about 5 mounds. The members of unlawful assembly after retreating to the Mushar Toli took out articles from their houses and set afire their own houses. The dead body of Sattan Yadav was still lying on the spot, but there were chances of its removal to hide the crime. The informant was carried to the hospital along with the other injured persons. However, Pramod Khirhari died on way to the hospital. The occurrence was witnessed by one Ambika Thakur, Baijnath Yadav, Rajendra Yadav, Khusi Lal Singh, Kripa Nath Das, Satya Narayan Singh. On the basis of the aforesaid written report (Ext. 2) of the informant, a case was registered and investigation followed. After submission of the charge-sheet, cognizance, commitment, etc., the accused-appellants faced trial in the Sessions Court and they were convicted and sentenced as stated above by Sri Janki Ram Sharan, 3rd Additional Sessions Judge, Purnia, and sentenced as stated above.

(3.) The defence which the appellants had taken in the trial Court through suggestions to the PWs and their own statement under Section 313, Cr PC was to effect that they were poor labourers and they were pressurised by the informant and his cohorts, rich people of the village, for doing labour work without appropriate wages. Moreover, some of them have been settled with some lands of R.S. Khata No.390 by the Government of Bihar and so, on the date of the occurrence, the informant brought certain outside criminal elements and came to the Mushar Toli in the morning at 8.30 a.m. and set on fire several houses belonging to Mushars and caused injuries on some of them. While the criminal elements were going back, they had some kind of row on the payment of remuneration, and then, they assaulted some men of the informant including himself and Sattan Yadav, one of the criminals, also received injuries at the hands of the informant's party and died. There was a case of arson also at the instance of Mushars.