BIKAU PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH offences are committed with some motive which may be even stale matter, and instances are not very uncommon when atrocious crimes are committed ostensibly for no good reasons and even for fancied wrongs.

(2.) ABOUT 5 -6 years preceding the incident, when Sri Sarjug Rai, who happened to be Sarpanch of Bishanpur Gram Panchayat, was killed, there had been a partition in the family and among the as sailants, Kamal Rai was none else but his nephew who nourished serious unstable grudge against his uncle for unequal partition of ancestral properties. The said Kamal Rai, strongly believed that construction of new house and purchase of tractor, subsequent to partition by his uncle was made from cash which had not been divided during partition by his uncle. Though motive appears to be trivial and also state but where direct evidences are available, motive admittedly pales into insignificance.

(3.) THE defence of the Appellants was that of total innocence and their false implication due to keen animosity persisting between the parties. Some of the accused put on trial also pleaded alibi to improbabilise their physical possibility in the village which was the situs of the incident. While Bishambhar Rai and Hajari Rai pleaded to be in Maniari Hospital, Appellant Mahendra pleaded, to be in the territory of Nepal during the period of incident. The trial Judge having given credence to some of the defence witnesses and also some of the documents placed on record on behalf of the defence, however, acquitted Bishambhar Rai and Hazari Rai accepting their pleading of alibi and acquitted them of the charges leveled against them. As for the rest, the trial judge recorded verdict of guilt under Section 302/149 of the Indian Penal Code (IPC) and sentenced them to undergo imprisonment for life. Those convicted, except Kamal Rai, suffered conviction also under Section 148 IPC for which they were sentenced to suffer rigorous imprisonment for a term of three years. Kamal Rai, however, suffered conviction under Section 147 IPC and was sentenced to suffer rigorous imprisonment for a term of two years. Satya Narain Rai suffered conviction also under Section 27 of the Arms Act and was sentenced to undergo rigorous imprisonment for five years. In case of the convicts, who suffered conviction on two counts and were sentenced as such, their sentences were directed to run concurrently. At this stage, it may be mentioned that Appellants Kamal Rai and Prabhu Rai died during the pendency of this appeal, hence appeal on their behalf stood abated.