SHINGHASHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 19th January, 2002 of the 6th Additional Sessions Judge, Chapra in Sessions Trial No.43 of 2001 whereby and whereunder each of the appellants has been convicted under Section 307/34 of the IPC and sentenced to undergo ten years RI Appellant Manager Rai has also been convicted under Section 379 of the IPC and sentenced to monetary fine of Rs. 3,000/ - (Rupees three thousand) and, in default of payment of fine, to undergo imprisonment for three months.

(2.) THE fardbeyan of the case was recorded by ASI Sri N. Singh on 14th March, 2000 at 7.30 p.m. in PMCH, (Hathua Ward), Patna on Bed No. 7 on the statement of the injured -appellant Suresh Rai who stated that on 10th March, 2000 at about 7.30 p.m., he had returned to his house on tyrecart after selling straw at Chapra and he was feeding his cattle at his darwaja at which time, appellant Shighashan Rai came there and he told him (informant) to accompany him again, as he had some work with him. At this, he (informant) went away with him and Shighashan Rai took him to the tea shop situated at a distance of 500 yards and took tea there and thereafter he took him (appellant) to the house of Ramagya Chaudhary where he saw that three persons were sitting there and they were taking liquor. Seeing him there, Jallandhar Rai (appellant) thrashed him (informant) down on the ground and Kameshwar Rai (appellant) sat on his chest and he (Kameshwar Rai) started slitting his throat with a Fasuli with intention to kill him. Shighashan Rai had caught hold of his (informant 's) leg and Manager Rai was catching hold of his hands and he (informant) tried to save himself and in course of that, Fasuli assaults were given on his palm and fingers causing cut injuries. While he was on the ground, Rs. 1,500/ - had been taken away from his pocket and then the appellant fled away saying that they had completed their work. Receiving the cut -injury, he (informant) began converging and then on hearing hulla, his family members came there and they took him to the house and gave him first aid treatment of Doctor there and on the advice of that Doctor, he was removed to PMCH, Patna. In course of movement to PMCH, Patna, he became unconscious and he regained his consciousness on the day when he gave his statement. He signed the fardbeyan(Ext -6).

(3.) PW 1 Bharat Chaudhary says that he had not seen the occurrence nor he knows anything about it.