JUNARBI RAI SON OF RUP CHAN RAM, RESIDENT OF VILLAGE- MANIKA CHAK, P.S.- DARIAYAPUR, DISTRICT- SARAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Junarbi Rai has assailed the judgment and order dated 3.10.1989 passed by the learned 2nd Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 277 of 1986 convicting the appellant under section 302/34 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life. The occurrence relates to Ist January, 1983. In the night at 9.00 PM, Rama Rai set out from his house after taking meal and went to his boring installed in the field for watching it. At about 10 -11 PM the informant Laxmi Devi @ Laxminia Devi (PW 4) - Bhabhi of Rama Rai heard shout for help. Rama Rai was crying from his field that Tileshar, Jugeshwar, Junarbi and Subhash were annihilating him. When the informant recognized the voice of Junarbi Rai, then she along with Lalmati (PW 2), Reshmi Devi (not examined), Satyendra (PW 1) and others went near the Boring and found 6 -7 persons including Junarbi assaulting Rama Rai. She identified Junarbi, Tileshwar Rai, Jugeshar Rai and Subhash among the assailants. Junarbi and other assailants escaped after killing. The motive assigned for killing was that Rama Rai (deceased) was working as Chowkidar. The Police Officer of Dariyapur Police Station with the assistance of Chowkidar Rama Rai had arrested Sri Ram Rai, son of accused Junarbi Rai in connection with a dacoity case and thereafter, certain articles which were kept in his house as well as in the house of another person were recovered. The arrest of Sri Ram Rai, son of the appellant in a dacoity case led the accused to commit the offence. The fard -beyan (Ext. 3) led to registration of formal FIR (Ext. 1) of Dariyapur P.S. Case No. 1 of 1983 under sections 302/34 of the Indian Penal Code and the investigation commenced. In course of investigation the inquest report (Ext. 5) was prepared, Post mortem examination report (Ext. 2) was obtained, statements of witnesses under section 161 Cr.P.C. were recorded and after finding the allegation to be true the chargesheet was submitted. Altogether four persons were named as accused. The appellant was one of them. Other two named accused Tileshwar and Jugeshwar were killed in police encounter in the night of 28/29 May, 1984 which led to registration of Dariyapur P.s. Case No. 92 of 1984. Remaining accused Subhash Rai, son of the appellant, escaped and remained absconder. Ultimately, the sole accused was put on trial who was charged under section 302/34 of the Indian Penal Code and explained to him to which he pleaded his innocence and so the trial proceeded.

(2.) THE defence of the accused was of false implication on account of enmity from before. The Court below after considering the prosecution evidence and the defence and after hearing the submissions on behalf of the parties came to the opinion that the prosecution has been able to prove its case beyond the shadow of all reasonable doubts.

(3.) IN order to prove its case the prosecution has examined altogether 10 oral witnesses. They are Satyendra Rai (PW 1), Lalmani Devi (PW 2), Basmati Devi (PW 3), Laxmi Devi @ Laxminiya Devi (PW 4), Kamal Chandra Kumar (PW 5), Dr. Suresh Prasad (PW 6), Jahir Hasan (PW 7), Salauddin Haider (PW 8), Rajnarain Singh (PW 9) and Sri Ram Saran Choudhary (PW 10).