DHARAMU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise from the same judgment and have been heard together and are being disposed of by this common judgment.

(2.) The appellant Vishwanath Rai has been convicted under Section 302 of the Indian Penal Code and sentenced, to undergo rigorous imprisonment for life. All the other appellants have been convicted under Sections 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five. Further, appellant No. 1, Dharamu Rai, was convicted under Section 324 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year. Appellant No. 2. Ram Dayal Rai, was convicted under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. Appellants 3 and 4, Baleshwar Rai and Babban Rai, were convicted under Section 341 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. Appellants No. 1 and 3, Dharamu Rai and Baleshwar Rai, were also convicted under section 148 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for one year. Appellants 2, 4 and 5, Ram Dayal Rai, Babban Rai and Dharam Nath Rai, were also convicted under Section 147 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for one year. However, all the sentences were ordered to run concurrently.

(3.) The prosecution case, as recorded, in short, is that on 16.3.1987 at about 8.45 a.m. the appellants variously armed came and committed murder of one Paras Nath Sah and inflicted injuries on some other persons in the village Peer Maker within Maker Police Station, Saran. The case was instituted at the Parsa Police station on the basis of a fardbeyan of informant. Ram Nath Sah, PW 7, was recorded by Police Officer of Maker Police Station. It has been stated that on 16.3.1987 at about 8.45, a.m., the informant of the case, Ram Nath Sah, was present in his field near his house where he was weeding out grass from onion field. At that time, an altercation took place between the nephew of informant Ram Nath Sah and accused Gopal Sah and Dharmu Rai near the house of informant, Ram Nath Sah, relating to some personal matter. The informant, Ram Nath Sah, came there and he intervened in the aforesaid quarrel and asked them not to fight. At that time the appellant, Dharmu Rai, shouted and raised voice saying that there would be blood shed and murder today. Thereafter, the accused Dharmu Rai went to his house and just thereafter again came at the house of the informant. Ram Nath Sah, along with other appellants, namely, Vishwanath Rai, Dam Dayal Rai, Baleshwar Rai, Babban Rai, Lallan Rai and Dharamnath Rai. They were all of the same village, Peer Maker. It has been alleged that all the appellants, including Dharmu Rai came at the house of the informant, Ram Nath Sah. They were armed with lathi, bhala, farsa and chhura. These accused- persons started abusing Ram Nath Sah and other members of his family. It has been alleged that appellant Baleshwar Rai, Babban Rai caught hold of Paras Nath Sah (the deceased) and the appellant Vishwanath Rai gave a chhura blow in the chest of Paras Nath Sah. The deceased fell down. The informant, Ram Nath Sah and his son Bindu Sah and daughter Hulsi Kumari rushed to the place of occurrence to save Paras Nath Sah. It has been alleged that at that time appellant Dharmu Rai dashed down Ram Nath Sah and started cutting his neck with chhura. The appellant Lallan Rai (whose trial has been separated) assaulted Bindu Sah and Hulasi Kumari with lathi and chhura. The other appellants also assaulted them with lathi and farsa. It has been staled that the witnesses, namely, Harihar Sah Birendra Sah, Dineshwar Sah, Gopal Sah and others of the same village, Peer Maker, saw the occurrence. It has been stated by the informant that he had no enmity with the appellants as he used to borrow money from them and on account of which there was a dispute between Ram Nath Sah the appellants. It has been also stated that about two years ago of the occurrence Ram Nath Sah had taken a loan of Rs. 70/- from the appellant Dharmu Rai and Ram Nath Sah re-paid the same to the appellant, Dharmu Rai, including principal amount and the interest, but even then the appellant Dharmu Rai was demanding Rs. 700/- as due against the informant, Ram Nath Sah. It has been alleged that on account of loan there was dispute between the informant Ram Nath Sah and the appellant Dharmu Rai and other appellants. On the basis of the fardbeyan of the informant the case was instituted at the Maker Police Station on 16.3.1987, which was marked as Exhibit 4. The First Information Report was received at the Parsa Police Station at about 2.30 p.m.. PW 11, Dashrath Singh, Officer-in-charge of Maker Police Station took up the investigation of the case and PW 12, Munna Prasad, submitted charge-sheet against the accused-appellants.