RAGHUBANSH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two criminal appeals (Cr. Appeal (D.B.) No. 491 and 2004 and Cr. Appeal (D.B.) No. 521 of 2004) are being heard together and disposed of by this common judgment in view of the fact that both the appeals arise out of the same judgment passed in Session's Trial No. 197/93 of 2001 by the Additional Fast Track Court, II, Patna, dated 30.06.2006.

(2.) The appellants, Raghubansh Rai and Bira Rai of Cr. Appeal (D.B.) No. 491 of 2004 and appellants Kuldeep Rai and Udit Narain Rai of Cr. Appeal (D.B.) No. 521 of 2004 have been convicted under Section 302/34 of the Penal Code and have been sentenced to undergo rigorous imprisonment for life. Accused Deep Narain Rai and Kuldeep Rai have further been convicted under Section 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for three years for offence under Section 27 of the Arms Act. However, it has been ordered that both the sentences, against the convicts, Deep Narain Rai and Kuldeep Rai, shall run concurrently.

(3.) The prosecution case, as alleged in the fardbeyan of the informant, Ram Bilas Rai, that on 25.09.1990 at about 05.30 p.m. his son, Laxman Kumar @ Nepali, went to bring his cloth from Supreme Tailor which was given for stitching. The said Supreme Tailor is beside the State Bank of India on Ashok Raj Path. The informant was at his shop, which is at Gandhi Chowk. In the meantime, accused, Deep Narain Rai, Bira Rai, Raghubansh Rai and Kuleep Yadav, were seen going towards the Bank and all were steering at him, this cast suspicion and then the informant also went after them. Further, case of the prosecution is that all the four went and stopped near Supreme Tailor, where Laxman Kumar, son of the informant was sitting in the shop of Tailor. In the meantime, Deep Narain Rai and Bira Rai commanded that he is Laxmanwa, who is sitting, kill him, and Deep Narain Rai and Kuldeep Rai took out country made pistol and fired which hit on the head of the son of the informant. It has further been alleged that all the four persons were armed with country made pistol and out of the firing of Deep Narain and Kuldeep, his son got injured and succumbed to injury. The motive of the occurrence has been alleged as the prior enmity for the reason that on 06.10.1989 the accused persons have taken some clothes from his shop and when the money was demanded then they had threatened to kill and ultimately they killed.