MOHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are 22 appellants in these two appeals 15 in Cr. Appeal 268/87 and 7 in Cr. Appeal 267/87. All of them have been convicted under Section 302/149, Indian Penal Code and sentenced to rigorous imprisonment for life, and further convicted under Section 427 of the Penal Code and sentenced to rigorous imprisonment for two years. Except appellants Nos. 8, 9, 10, 11, 12 and 15 of Cr. Appeal No. 268/87 who have been convicted under Section 147 of the Penal Code and sentenced to rigorous imprisonment for one year, other appellants have been convicted under Section 148 of the Penal and sentenced to rigorous imprisonment for two years.

(2.) IT may be stated here that appellant No. 6 of Cr. Appeal No. 268/87, namely, Balmiki Rai and appellant Nos. 2 and 3 of Cr. Appeal No. 267/87, namely, Dwarika Rai and Kalidas Rai are reported to have died during pendency of these appellants and accordingly the appeals were heard on behalf of the rest of the appellants alone.

(3.) THE appellants also separately examined three witnesses in their defence two of them, namely DW1 Mishri Lal and DW 2 TirpitNarain Singh by one set and the third one, namely, DW 3 Krishna Deo Pd. Singh by another set, to prove on going dispute and pendency of proceeding between the parties and their own possession over the field. It may be mentioned here that the prosecution party too claimed to be in possession of the field. THE trial Court has recorded finding in favour of the prosecution on the point.