BACHAI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) FARDBEYAN of one Shobhoo Ram, P.W.3 of the case has been made basis for the F.I.R. which in brief is that there was Shradh Ceremony in the family of informant after the death of the informants' sister-in-law (Bhabhi). After the dinner, guests and relatives came out from the house and were washing their hand in the lane. The same was opposed rather objected after appearance of accused-appellants, Bachai Ram and Sachai Ram. They were armed with lathi abused and asked as why they were washing their hand in lane. That was explained as due to the ceremonial function, they were washing their hand in the lane but was not to their satisfaction. They continued with their Patna High Court CR. APP (SJ) No.286 of 1999 dt.09-02-2012 2 abuse rather accused Budhu Ram, Sahati Ram, Bihari Ram, Syam Narain Ram, Barhu Ram, Mahendra Ram, Lalmuni Ram, Teju Ram, Paltu Ram, Sheonath Ram, Ram Sewak Ram, Chhotu Ram, Badri Ram, Basantu Ram also came.

(2.) BUDHU Ram was armed with farsa and rest were armed with lathi. Family members of the informant also gathered. Further, it is said that on instigation of Bechai Ram and Sachai Ram, all the accused persons started to assault the informant and others by their respective arms. It is specified that Bechai Ram Sachai Ram, Badri Ram and Chhotu Ram assaulted the deceased Nathuni Ram. His nephew was assaulted by accused BUDHU Ram when he came to save the informant. He fell down after receiving the injury on his head. Thereafter, accused Sahati Ram, Bihari Ram, Shyam Narain Ram, Barhu Ram and Mahendra Ram also assaulted him with lathi.

(3.) ALL rest of the witnesses are categorically stating about taking place of the incident and causing of assault by the accused-appellants to deceased Nathuni Ram. They have been doubted on the point that they are not constant on the point that all the four caused injuries on the person of deceased on same part of his body. F.I.R. is clear enough that all the four namely, Bechai Ram, Sachai Ram, Badri Ram and Chhotu Ram assaulted the deceased by means of lathi. P.W.2 and P.W.3 are stating about causing of injuries by Bechai Ram and Sachai Ram only, while rest are stating injuries by all the four. No doubt, P.W.5 states about injury caused by one Ram Sewak also and not by Chhotu.