LALDHARI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals are directed against the judgment dated 24-9-1987 of learned Additional Sessions Judge-III, Arrah in Sessions Trial No. 78/1981 convicting and sentencing the appellants under Sections 302/149/148/147/323, I.P.C. and Section 27 of the Arms Act, so they were heard together and are being disposed of by this common judgment.

(2.) The appellant, Parasnath Rai, son of Rambrichh Rai, has been convicted under Section 302, I.P.C. and sentenced to rigorous imprisonment for life. The rest six appellants, Laldhari Rai, Jokhu Rai, Raja Ram Rai, Paras Rai, son of Ramdash Rai, Butan Rai and Ramadhar Rai (since dead) have been convicted under Section 302/149, I.P.C. and sentenced to rigorous imprisonment for life. The appellant, Ramadhar Rai (since dead) has further been convicted under Section 147, I.P.C. and sentenced to rigorous imprisonment for one year. The appellants, Parasnath Rai, son of Rambrichh Rai, Laldhari Rai, Jokhu Rai, Raja Ram Rai, Paras Rai, son of Ramdesh Rai and Butan Rai, have again been convicted under Section 148, I.P.C. and sentenced to rigorous imprisonment for two years. The appellants, Ramadhar Rai (since dead) and Butan Rai, have again been convicted under Section 323, I.P.C. and sentenced to rigorous imprisonment for six months. The appellants, Parasnath Rai, son of Rambrichh Rai and Laldhari Rai, have again been convicted under Section 27 of the Arms Act and sentenced to rigorous imprisonment for two years. All the sentences awarded to them, however, have been ordered to run concurrently.

(3.) On 15-11-1978, the informant, Jamuna Rai, P.W. 11, lodged F.I.R. alleging inter alia that on the same day he was getting the paddy crops of his land situated in Bagichabadhar of village Dhansoi harvested by his nephew, Rajendra Rai (deceased), his sons, Karunanidhan Rai, P.W. 7, Vijay Pratap Rai, P.W. 6, Premahankar Rai, P.W. 4 and nephew Shambhar Rai, P.W. 9. The land in question measuring about 42 decimals was recorded in the name of his father, Sriram Rai and has been under his cultivating possession. On the same day at about 8/9 a.m., the appellants, Parasnath Rai, son of Rambrichh Rai, Laldhari Rai with guns, Jokhan Rai and Paras Rai, son of Ramdash Rai, with Gadasa, Butan Rai and Raja Ram Rai with Bhala and Ramadhar Rai (since dead) with Lathi along with 10/15 unknown came in the said field and the appellant, Parasnath Rai, son of Rambrichh Rai, protested them from harvesting the paddy crops on the ground of land in question belonging to them. At this, the informant, asserted his title and cultivating possession of the land in question. This resulted in the exchange of hot words whereupon the appellant, Parasnath Rai, son of Rambrichh Rai, ordered to kill and he fired from his countrymade gun which hit in the chest of his nephew, Rajendra Rai. He fell down died on the ground. The appellant, Laldhari Rai, fired from his countrymade gun at Shambhu Rai and injured him. The appellants, Butan Rai and Ramdhar Rai (since dead) clubbed Karunanidhan Rai with lathi and he sustained injuries on his forehead. The appellant, Paras Rai, son of Ramdash Rai, assaulted Vijay Pratap Rai, with lathi. After committing the occurrence of assault and murder, the accused persons fled away in the eastern direction. The motive behind the occurrence was alleged to be the claimed and counter-claimed over the P.O. land. According to the informant out of the total area of 42 decimals of the disputed plot, the appellant, Parasnath Rai, son of Rambrichh Rai of village Amarpur got a deed of gift for 14 decimals of land executed in his favour by Most. Gunia, wife of Bishwanath Rai. The informant also claimed that land on the strength of execution of a deed of Will in favour of him, Chandramohan Rai and Rajendra Rai (deceased) by Meghbarain Rai, father-in-law of Most, Gunia. The informant further alleged that khata in plot No. 42 decimals of land is same one and he has got litigation in respect of disputed land besides others with Most, Gunia.