RAJ KISHORE RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted Under Section 307 I.P.C. and 27 of the Arms Act and sentenced to R.I. for five years and three years respectively by the 2nd Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 108 of 1985/137 of 1986 by a judgment dated 25.8.1995.

(2.) The case of the prosecution is that on 13.4.1984 while the informant was talking with his son at his Darwaja, the accused persons came there and out of which co-accused Sheo Dhyan Rai (since dead) gave orders to kill and also assaulted the informant with lathi and others assaulted his son with lathies. Thereafter Baijnath Rai and Ramdeo Rai were also shot at by the Appellant.

(3.) The defence of the Appellant was that on the date of occurrence the prosecution party variously armed started demolishing the roof of Mosmat Fuljhariya Devi and when a protest was raised by the accused persons they were assaulted with lathi and bhala. For this occurrence Chapra Mufassil P.S. case No. 117 of 1984 was instituted.