RUP NARAIN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Supplementary affidavit at Flag-X on behalf of appellants has been filed stating therein that appellant nos. 1 and 4 namely Rup Narain Rai and Durga Rai have already died during the pendency of this appeal. Hence their names should be deleted. Accordingly, the prayer is allowed.

(2.) Prosecution case initiated on Fardbeyan of one Radha Kishun Rai, in brief, is that on 11.4.1993 at about 12.00 noon measurement of a disputed land was going on by Amin. The same was being explained by the Amin to the informant. In the meantime accused appellants Durga Rai, Ramesh Rai, Awadhesh Rai, Lal Babu Rai, Dhodi Rai, Dharam Rai, Rup Narain Rai, Ram Bilas Rai, Janak Rai, Yogi Rai and Dular Rai variously armed with Lathi, Farsa, spear and Khanti came there. Of them Ramesh Rai assaulted the informant by means of Farsa. Janak Rai assaulted him by means of Khanti. Informant's wife Sundri Devi, father Banarsi Rai and sons Satyendra Rai and Brajendra Rai came there to save him. They were also brutally assaulted by accused appellants. For Durga Rai, it is said that he took a box kept on Machan of informant. Alarm was raised, villagers gathered and saved injured persons.

(3.) The trial is ended in conviction and sentence to accused appellants for the offence under sections 307/149 of the Indian Penal Code.