STATE OF BIHAR Vs. RAM PRIT RAI

JUDGEMENT

(1.) The sole appellant of Cr. Appeal No. 421/2001 Ram Prit Rai has been awarded death sentenced upon his conviction under Section 302 of the Penal Code. All the appellants including Ram Prit Rai have been convicted under Section 302/149 of the Penal Code and sentenced to rigorous imprisonment for life. They have also been convicted under Section 307/149, 380 & 148 of the Penal Code and Section 27 of the Arms Act and sentenced to rigorous imprisonment for ten years, three years, three years and three years respectively thereunder. The sentence have been ordered to run concurrently. The sentence of death awarded to Ram Prit Rai has been sent for confirmation under Section 306 Cr. P.C. and the same has been heard along with his appeal.

(2.) The night between 29th/30th November, 1994 was indeed an unfortunate night for Parmanand Rai, the informant of the case, and his unless Awadh Rai and Arjun Rai of village Shahpur Barant, district Samastipur when six member of their families were killed at the hands of the miscreants at about 1.30 a.m. The occurrence was reported by Parmanand Rai in the following morning i.e. the morning of 30-11-94 at 8.30 a.m. at the place of occurrence namely Shahpur Barant, a village within Shahpur Patori Police Station of Samastipur district. Earlier Bhutto Rai, husband of one of the victims, also had made a statement about the occurrence at about 4.45 a.m. at Mohiuddin Nagar Hospital. However, the statement made by Parmanand Rai has been treated as the fardbeyan. I shall come to this aspect at the proper place later in this judgment.

(3.) The prosecution case briefly stated is as follows. At about 1.30 a.m. in the night of occurrence Parmanand Rai came out of his house to urinate. He saw flash of torch light coming towards the house. He became apprehensive. He also flashed his torch towards them. He saw the appellants and others variously armed near the well in front of the house. He requested two of them namely, Parichhan Rai and Ram Prit Rai not to commit any act of attrocity. Ram Prit Rai said that he would eliminate entire family and fired from his rifle. He (Parmanand Rai) somehow saved himself under the cover of wall and went into the courtyard of the house. Ram Prit Rai and Subhash Rai chased him and they also entered the courtyard. Meanwhile on hearing the sound of gun shot his wife. Indu Devi, had woken up. She begged and touched the feet of Ram Prit Rai requesting him not to do injustice. Subhash Rai (not put on trial and he absconded) shot at her from his country made pistol hitting on the side of abdomen and she fell down. Meanwhile Rit Lal Rai, Sainik Rai and Satto Rai also entered the house. They threw the house-hold articles and took away ornaments and cash worth Rs. 20,000/- kept in boxes. In the meantime Parmanand Rai had managed to hide himself behind pumpkin creeper hanging from the roof of adjacent house belonging to Arjun Rai. He heard shots of gun firing. Ram Prit Pal, Subhash Rai, Sainik Rai and Uma Rai went towards the house of Arjun Rai, his uncle. Mukesh Rai, grand son of Arjun Rai, aged about 10 years, started fleeing away when Ram Prit Rai shot at him. The miscreants had meanwhile entered the house of Arjun Rai and killed his daughter Sarita Devi aged about 20 years who was sleeping on the verandah. They kept firing shots from their guns etc. There also they took away ornaments kept, in boxes and scattered the articles. After the miscreants fled away, he found that they had also killed Wakil Rai, grand-son of Arjun Rai, aged 14 years. While fleeing away Parichhan Rai was saying that son of Moti Rai would be at the 'Dera' about 1 Km away at a place known as Beni Bishanpur. At about 4 O'clock in the morning one Arjun Rai (another Arjun Rai son of Mishri Lal Rai) informed him that Parichhan Rai had shot his father Dorik Rai, aged 75 years, at his Dera. He also informed that Parichhan Rai was accompanied by 15-20 persons variously armed. The informant went towards the Dera along with the villagers and found his grand father dead. Parmanand Rai stated that the reason of the occurrence was that Parichhan Rai and his sons namely Ram Prit Rai and Subhash Rai were notorious criminals of the area. During the last flood he along with his associates had kidnapped Saryug Thakur of village Jalapur. In the raid conducted by the police in connection with the occurrence he had helped the police party by ferrying them from one place to another in his boat. The members of his family used to oppose the criminal activities of Parichhan Rai and his sons. On account of this enmity they committed the crime.