BRIJ NANDAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Arun Kumar Singh alias Ramadhar Singh and Anil Kumar Singh, two of the appellants in Criminal Appeal No. 532/ 84, have been convicted for the offences punishable u/Ss. 302 and 148, IPC and sentenced to imprisonment for life ,for offences u/ S. 302 and to undergo rigorous imprisonment for three years for the offence u/S. 148, IPC. The other two appellants in this appeal, namely, Satrughan Singh and Ram Surat Rai, have been convicted for the offences punishable u/ S. 302 read with Ss. 149 and 148, IPC. They have been sentenced to undergo imprisonment for life for the offence under S. 302 read with S. 149, IPC and to undergo imprisonment for three years for the offence, punishable u/ S. 148, IPC.

(2.) Brij Nandan Rai, Ram Sajiwan Rai and Sakaldeo Singh three of the appellants in Cr. Appeal No. 367/84, have been convicted for the offence punishable u/ Ss. 324 and 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for three years on each count. Appellants Pritam Singh alias Ram Pritam Singh, Ram Bahadur Rai and Sunil Kumar Singh have been convicted for the offence punishable u/ S. 148, IPC. Appellants Ram Bahadur Rai and Sakaldeo Singh have been sentenced to under rigorous imprisonment for three years and Sunil Kumar Singh has been ordered to execute a bond of Rs. 2,000.00 with two sureties in like amount to keep peace and be of good behaviour for one year under provisions of S. 360, Cr. P.C. Appellant Kali Singh has been convicted for the offence punishable u/S. 147, IPC and has been sentenced to pay a fine of Rs. 2,000.00 and, in default, to undergo rigorous imprisonment for one year on such count. Being aggrieved the appellants in the two appeals which arise out of a common judgment, have preferred the appeals.

(3.) Briefly stated, the prosecution case isthat informant's father Ramdayal Tiwari, the deceased, had purchased some land situated in village Bhavdiha, P.S. Belsand, District Sitamarhi, from 'Bhojai' (elder brother's wife) of appellant Kali Singh about a year before the date of occurrence i.e. 19-6-77. Such land is situated near the boring of deceased Ramdayal. On 19-6-77 at about 7 a.m., Ramdayal's son Babu Nandan Tiwari, the informant, had deputed four ploughmen to plough such purchased land. At about 9.30 a,m. Babu Nandan reached his boring land carrying breakfast for the four ploughmen and other labourers who were working in his maize field situated nearby. On his arrival there, his father Ramdayal set for calling the ploughmen for taking their breakfast. When he (Ramdayal) had covered about three Kolas, he raised alarm for being rescued. It attracted Babu Nandan's attention towards East and he saw a mob led by appellant Kali Singh comprising of the appellants and some others, armed with Bhalas and Farsas, rushing from the direction of village Bhavdiha. Kali Singh ordered for killing Ramdayal as he had purchased the above land. Babu Nandan rushed empty handed to rescue his father. By the time he reached there, the mob had surrounded Ramdayal. Appellant Ram Surat Rai and Arun Singh alias Ramadhar Singh inflicted Bhala injuries on Ramdayal's 'Panjra'. Appellant Satrughan Singh caused bhala injury on Ramdayal's left hand. Injured Ramdayal fell down unconscious. On his fall, appellant Anil Singh inflicted a bhala injury on the left Panjara of Ramdayal. Appellants Brij Nandan Rai, Sakaldeo Singh and Ram Sajiwan Rai attacked Babu Nandan by Farsas and bhalas and injured him. Other members of the mob, namely, Ram Bahadur, Sunil Singh, Pritam Singh and Gangadeo Singh (since dead) each of whom was armed with bhala, were leaping and jumping. After his fall, the appellants fled away. Injured Ramdayal was taken to his boring by Gopalji Baitha and Wakil Dhunia. He succumbed to his injuries there. Yogi Tiwari, Sri Narayan Singh (P.W. 11), Laksmandeo Singh (P.W. 10), Harish Chandra Tiwari, Sathu Baitha (P.W. 3), Gopalji Baitha (P.W. 4) and Ram Fal Sah witnessed the occurrence. A little thereafter, house of one Gyan Chandra Turha was seen aflame. Fardbeyan of Babu Nandan Tiwari was recorded at his boring at 11-30 on the same date.