DHARAM RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals have been heard together since they have arisen out of the same trial. There is one appellant in each of them. Appellant Paltan Amat has been convicted under Section 302, Indian Penal Code and sentenced to suffer imprisonment for life. Appellants Dharam Raut and Ramautar Rai have been convicted under section 302 read with Section 34, as also under Section 392 of the Code and each of them has been sentenced to undergo imprisonment for life on the first count and rigorous imprisonment for seven years on the second count. The sentences are to run concurrently.

(2.) The occurrence took place at the time of sun-set on the 26th May 1959 (Tuesday) on the west of village Bhatawalia in the field of Rambahadur Mahto (P.W. 6) situated to the adjacent north of a village road running between village Bhatawalia, on the east, and village Hira Kanhauli, on the west, within the jurisdiction of Belsand police station in the district of Muzaffarpur. This village road branches off at village Bhatawalia from the main road running between Belsand, on the south and Parsauni on the north, and runs westward in the direction of Hirakanhauli. The field where the occurrence took place lies at a distance of about 75 yards to the west of the Balsand Parsauni Road. There was a Banswari (bamboo clump) at a distance of about 95 yards to the north-east of the place of occurrence. There was a dilapidated Math, known as Aghori Math, at a distance of about 200 yards the south-east of the field of Rambahadur (P.W.6) mentioned above.

(3.) The victim of the occurrence was Chandrika Narain Singh of Hira Kanhauli which lies at a distance of about a mile to the west of the place of occurrence. All the three appellants are also residents of Hira Kanhauli.