PARAS RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ACCUSED -appellants Chandrika Rai and Nawal Rai have been convicted under sections 147 and 323. IPC and sentenced to undergo Rl for six months under each sections. They were, however, acquitted for the charge under section 379 IPC. Accused -appellant Paras Rai was convicted and sentenced for the offence under sections 147 and 148 IPC for six months, each and he was also convicted and sentenced for the offence under section 307 IPC for 5 years. He was also acquitted for the charge under section 379 IPC and as also for the offence under section 27 of the Arms Act and other appellants were convicted under section 147 IPC and sentenced to undergo Rl for six months. They were acquitted for the charge under sections 323 and 379 IPC.

(2.) THE case of the prosecution, as per fardbeyan of Bira Yadav (exhibit -1) was that on 17.4.82 at 10. a.m. the accused appellants came to his field bearing plot no. 1245/177 measuring area of one katha ten dhurs and started cutting wheat crops and started carrying the same on a tractor. The informant rushed to his field and protested. Then appellant, Paras Rai who was armed with gun fired at him at the order of Chandrika Rai and Chandrika Rai gave bhala blow to the informant and Nawal Rai assaulted him with lathi. Other accused appellants (all named in the fardbeyan) also assaulted the informant. Witnesses working in nearby field came to the place of occurrence and thereafter accused appellants fled away with wheat crops on the tractor leaving the informant lying injured.

(3.) THE learned 4th Addl. Sessions Judge, Bettiah, convicted and sentenced the accused - appellants as stated above on the evidence of eight witnesses. PW 8 is the informant himself. PW 7. is the doctor, PW 6 was another witness, son of informant, Bira Yadav. PW 5 was a formal witness who brought on record the formal FIR (exhibit 2) and the fardbeyan (exhibt -1) PW 4 was another so called eye witness who admitted at para -3 that the informant Bira Yadav was his uncle collaterally. PW 3 was tendered. PW 2 was another eye witness who admitted in cross -examination at para -2 that Bhola and his own grand father were full brothers. Bira Yadav was the son of Bhola. So this witness becomes related to the informant. PW 1 was declared hostile because he failed to support the alleged occurrence.