BAIJNATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals arise out of judgment and order dated 10 -6 -1994/l -7 -1994 passed by, the 2nd Addl. Sessions Judge, Bettiah in S.T. No. 427/93 whereby all the appellants have been convicted for the offence under Section 302/149 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Baijnath Rai and Sheopujan Mallah, appellants in Cr. Appeal No. 354/94 and appellants in Cr. Appeal No. 422/94 have further been convicted for the offence under Section 302 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. They have further been convicted for the offence under Section 148 of the Indian Penal Code and under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years and six years respectively. They have also been directed to pay a fine of Rs. 4000/ - each and in default to undergo rigorous imprisonment for one year. Ajay Rai and Chhathu Rat, appellants in Cr. Appeal No. 354/94 and appellants in Cr. Appeal No. 375/94 have been directed to pay fine of Rs. 1500/ - each and in default of payment of fine to undergo rigorous imprisonment for six months.

(2.) ONE Gauri Shankar Rai, the informant gave his Jardbeyan on 4. -10 -1992 at 6 a.m. that on 3 -10 -1992 at about 6.30 to 7 p.m. he was at the door of his house, His brother Sita Ram Rai was cutting foddar, All of a sudden 8 -10 culprits variously armed came from the house of Baijnath Rai. He and his brother tried to run away in their house but Baijnath Rai asked his brother Sita Ram Rai to stop, otherwise he would be shot dead. He saying so fired twice. He and his brother entered in their house. Culprits also followed them. He, his brother Sita ram Rai, wife of Sita Ram Rai and the children tried to run away from the back door of the house but the culprits caught them, He and wife of Sita Ram Rai were requesting Dudhnath Yadav to leave them. However, Baijnath Rai fired from his gun from close range which hit near the ear of his brother Sita Ram Rai due to which he fell down on the ground. Arbind Rai fired on the chest, Gaya Rai and Sheopujan Mallah also fired on the deceased. Ajay Rai, Santosh Rai, Jitendra Rai, Deo Narain Mallah and Chhathu Rai assaulted the deceased with lathi. Thereafter, Dudhnath Yadav also fired one shot on the deceased. Gaya Rai said that he died. However, hearing sound of firing villagers were coming but Baijnath Rai and Gaya Rai threatened to kill them and as such no people from the village came. After occurrence the accused persons stayed for some time in the house of Santosh Rai and thereafter they proceeded towards south. He identified them in the moonlit night. The motive of the occurrence was that accused Baijnath Rai and Santosh Rai used to give shelter to the renouned criminal namely, Dudhnath Yadav which his brother Sita Ram Rai, the deceased used to protest and Baijnath Rai had also threatened him,

(3.) THE defence of the appellants was that no occurrence took place in the manner as alleged by the prosecution. Dudhnath Rai and his gang committed the occurrence and they have falsely been implicated in the case.