ISHRI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Among the appellants, Ishri Rai suffered conviction under Section 436 of the Indian Penal Code for which he was sentenced to suffer rigorous imprisonment for a term of five years. He was also convicted under Section 323 of the Indian Penal Code for which he was sentenced to suffer rigorous imprisonment for a term of six months. He was also convicted under Section 380 of the Indian Penal Code for which he was sentenced to suffer rigorous imprisonment for a term of six months. Appellants Om Prakash Rai and Baishakhi Rai suffered conviction under Section 436/149 of the Indian Penal Code for which they were sentenced to suffer rigorous imprisonment for a term of five years and for conviction under Section 147 of the Indian Penal Code, they were sentenced to suffer rigorous imprisonment for a term of six months. They also suffered conviction under Section 323/149 of the Indian Penal Code for which they were sentenced to suffer rigorous imprisonment for a term of six months. Appellant Baishakhi Rai also suffered conviction under Section 380 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for a term of two years. However, all the sentences were directed to run concurrently.

(2.) The factual matrix are that on 17.01.1983 the appellants along with Raman Rai, Lukshman Rai, Ram Anup Rai, Bhuali Rai Banai Rai, Nand Kumar Rai, Uchit Rai, Banarasi Rai, Ragho Rai, Surendra Rai, Cheta Rai, Chandradip Rai, Smt. Chanda Devi, Chaman Rai, Bhuwaneshwar Pd. Singh and Santosh Rai came to the house of Ramji Paswan PW 4 which situate in village Shahpur Raghopur and asked him to vacate the house in which he was living, as the same had been purchased by them. It was alleged that after protests were registered, the appellants along with other accused persons demolished the boundary wall of the house, pelted brick bats and also assaulted the mother of the informant. It was alleged that Bhuwaneshwar Pd. Singh, Ishri Rai and Santosh Rai set the house on fire as a consequence of which the house belongings were burnt to ashes. Further it is alleged that Ishwari Rai made abortive bid to throw Lakshminiya Devi in the flames of the fire and also removed cattle from their possession, however, on alarm raised by the villagers and on arrival of police, while some cattle were removed by them, she buffalo was recovered. The fire Brigade was informed by the police which extinguished the fire. The motive assigned behind the incident was that as Ramji Paswan had purchased house in question from his uncle Brahmdeo Paswan, the appellants and other accused persons wanted to evict him forcibly from the house and on strength of these narration fardbeyan of Ramji Paswan, a police case was instituted, investigation commenced, on conclusion of which police laid charge-sheet. The appellants along with others on being committed to the Court of Sessions were eventually put on trial.

(3.) At trial, the prosecution has credit to examine nine witnesses which include the informant, his mother & father and also one Rajendra Paswan. The seizure list witnesses who were PWs 5 and 6 also came to be examined. The prosecution also examined Dr. Md. Shamsul Mian PW 7 who stated to have examined injuries on the person of Lakshminiya Devi. Two Investigating Officers of the case who happen to be K.K. Pandey PW 8 and Raj Kumar Sharma PW 9 were also among those who were examined by the prosecution. The defence too examined three witnesses. It seems from the commitment record and also the record of the trial Court that while the police laid charge-sheet against seventeen persons, Bhuwneshwar Pd. Singh and Santosh Rai were not sent up for trial. However, after some evidence were led by the prosecution in trial Court, Bhuwneshwar Pd. Singh and Santosh Rai were put on trial under Section 319 of the Code of Criminal Procedure. Thus, altogether 19 persons faced trial and the trial Court on consideration of complicity of Raman Rai, Lakshman Rai, Ram Anup Rai, Bhauli Rai, Bansi Rai, Cheta Rai, Chandradip Rai, Banarsi Rai, Ragho Rai, Surrendra Rai, Cheta Rai, Smt. Chanda Devi, Raman Rai, Bhuwneshwar Prasad Singh and Santosh Rai, conspicuously wanting in the evidence of Rajendra Prasad PW 1 whom he considered to be the only independent witness, acquitted them of the charges brought against them. Bhuwneshwar Pd. Singh arid Santosh Rai too were given the benefit of doubt by the trial Court, regard being had to the defence of all taken by them for which three witnesses were examined at trial and eventually the trial Court as has been discussed, tendered the verdict of guilt against accused Ishri Rai, Om Prakash Rai and Baishakhi Rai and sentenced them in the manner stated above.