HARIFAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR. Appeal No. 193 of 1989 (DB) on behalf of Harifan Rai, Surendra Rai and Manji Rai and CR. Appeal No. 217 of 1989 (DB) on behalf of Deep Narain Rai have arisen out of one judgment of conviction and sentence dated 12.04.1989 passed by the learned 4th Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No. 165 of 1984 whereby appellant Deep Narain Rai was held under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of life and appellant Harifan Rai was found guilty under Sections 307 and 326 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years and four years respectively. His sentences were ordered to run concurrently. Appellant Surendra Rai was convicted under Section 324 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years whereas appellant Manji Rai was sentenced under Section 323 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for six months. 1. The prosecution case has resulted on the basis of a fardbeyan given on 3.12.1983 at 2.45 p.m. by Jawahar Rai(P.W. 6) before the R.A. Mandal, A.S.I. Sahar Police Station at village Bhatbigha in his house in which the informant stated that he was sitting on his Darwaja along with Lakhpati Rai (the deceased) on 3.12.1983 at 10 a.m. when accused persons Deep Narain Rai, Surendra Rai, Harifan Rai, Baijnath Rai, Basisth Rai, Jalim Rai, Rajendra Rai, Rajaram Rai, Praduman Rai, Kanhaiya Rai, Beyadar Rai, Uma Shankar Rai, Manjee Rai, Ramsarekh Rai, Jailendra Rai, Shambhu Rai, Banarsi Rai, Kamala Rai, Samla Rai and others arrived. Accused Beyadar Rai asked for withdrawal of the case failing which the informant was threatened for dire consequences. Lakhpati Rai (the deceased) protested that the cases will not be withdrawn on such threat. Allegation in the fardbeyan was that at the behest of Raja Rai accused Deep Narain Rai gave a Bhala blow which hit the right side of the chest of the deceased resulting into effect that the deceased fell down. When the informant moved to save him, then accused Harifan Rai assaulted him (P.W.6) with Farsa which caused injury on his head. It caused bleeding injury to the informant. Accused Surendra Rai assaulted with Bhala on left shoulder and right hand whereas Manjee Rai assaulted him with Lathi on his right hand above the wrist of the informant. The deceased after being injured fell down at the Darwaja of his cattle shed and succumbed to the injuries. When the hulla was raised by the informant (P.W.6) then Jaibahadur Rai (P.W.4), Indradeo Rai (P.W.5), Dinanath Rai (P.W.6) and Badsah Rai (not examined) arrived. The informant went inside his house, thereafter the accused persons started pelting brick bats with the purpose of preventing him for lodging any information about the occurrence to police camp which was situated nearby. In the meanwhile, Premna Devi wife of Praduman Rai on the direction of Mithilesh Rai came and sprinkled colour at the place of occurrence and on the left leg of the Lakhpati Rai (the deceased). Accused Mithilesh Rai removed the blood stained earth from the place of occurrence which was available there. Enmity was reason of the occurrence. Accused persons wanted the informant to withdraw the case which was not agreed upon. The fardbeyan of Jawahar Rai was recorded by R.A. Mandal, A.S.I. and this fardbeyan resulted into Sahar P.S. Case No. 168 of 1983 dated 4.12.1983 under Sections 147, 148, 149, 302, 307, 323, 324, 447, 337, 201, 114 of the Indian Penal Code and investigation was taken up. After investigation, the charge sheet was submitted and the case was found to be triable by the Sessions court, so, it was committed to the court of Sessions where charges under Sections 302, 148 of the Indian Penal Code were framed against accused Deep Narain Rai and against other 18 accused persons charges under Sections 302, 149 of the Indian Penal Code were framed. Against accused Harifan Rai charge under Sections 307, 326 of the Indian Penal Code were framed for causing grievous injury and attempting to commit murder to informant Jawahar Rai. Accused Surendra Rai and Manji Rai were charged under Sections 323 and 324 of the Indian Penal Code for causing injury to the informant by means of Bhala and Lathi. Accused Premna Devi and Mithilesh Rai were charged under Section 201 of the Indian Penal Code. Accused Surendra Rai, Harifan Rai and Baijnath Rai and Baijnath Rai were charged under Section 148 of the Indian Penal Code and rest 15 persons were charged under Section 147 of the Indian Penal Code.

(2.) IN the First INformation Report, Jaibahadur Rai, INdradeo Rai, Dinanath Rai and Badsah Rai were named as eye witnesses but Badsah Rai did not turn up and Dinanath Rai became hostile.

(3.) THE trial court after considering the entire evidences and other materials on record found guilty to only four accused and others were acquitted.