LAWS(PAT)-1992-4-11

SATYANARAINRAI Vs. STATE OF BIHAR

Decided On April 07, 1992
SATYANARAIN RAI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) -The appellants have been convicted for the offence punishable under Section 302 read with Section 34 I. P. C. and have been sentenced to imprisonment for life.

(2.) A sister of appellant Satyanarain was married to Lal Bahadur (PW 4) a brother of informant Dhanvir. According to the prosecution, she abandoned Lal Bahadur and went to the house of her brother Satyanarain leaving behind her ornaments. Prior to the occurrence, Satyanarain and Deonarain made repeated attempts to take back her ornaments forcibly but they were repulsed. The above caused enmity between the two families.

(3.) Further prosecution case, in brief, is that on the night in between 19th and 20th June, 1977, informant Dhanvir and his brothers Sukhdeo (deceased) and Lal Bahadur (PW 4) and one Jangi (PW 2) were sleeping on their door near their cattle shed in village Basiha Tola, P. S. Dhaka, District-East Champaran. At about 11 in the night, there was some hulla in informant's Janani Kita (female apartment) and he rushed inside his house. Hi brother Sukhdeo too rushed therein. Informant's cousin Parikshan (PW 3 also entered into the bouse. There the informant saw 3 to 4 person) scuffling with the females of the family asking them to disclose where abo of his sister's ornaments. He flashed his torch and identified appellanat Satyanarain and Deonarain, his brother, and one Prasad. He could nots identify the fourth. Satyanarain was armed with a country made gun andt his companions had sticks by which they were assaulting the females. As soon as the informant flashed his torch Satyanarain opened fire injuring Parichan. Then the informant and his brother Sukhdeo started fleeing therefrom. The miscreants, too, started fleeing. They were chased by Sukhdeo and co-villager Sahdeo (PW 1). Parichan asked them not to chase but Sukhdeo and Sahdeo did not pay heed and continued to chase. Fleeing Satyanarain turned and fired at the chasers injuring Sufchdeo. Sahdeo returned and informed the informant that Sukhdeo had -sustained fire arm injury. He further informed the informant that Sukhdeo had disclosed that he had identified the four miscreants. One of whom turned back and opened fire. Thereafter, the informant rushed there and found his brother Sukhdeo lying dead in the field of Nahiyam with fire arm injuries on his chest and bead. In the meantime Choukidar Ramswaroop (PW 7) and other co-villagers arrived who were told the entire happenings. The dead body was removed to informant's house where the wives of Sukbdeo and Jangi disclosed that they had identified Satyanarain, Deonarain and Prasad. They further disclosed that it was Satyanarain who had opened fire there. Lal Bahadur and Jangi w oke up after departure of the miscreants.