RAM ASHISH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SINCE prosecution case has been fairly spelt out in the judgment of the Court below, we do not wish to discuss them in details. However, salient features of the case may be noticed at the threshold.

(2.) IT was alleged that in the midnight of 22nd June, 1996, while family members of Manoj Kumar Rai (PW 7) were fast asleep on the roof of the house, miscreants, who were 10/12, in numbers, holding arms and torch, came upstairs and began to abuse them. When deceased Yogendra Rai questioned them for their action, Dinesh Rai allegedly on exhortation made by Nandu Rai, pumped bullet in his chest who dropped injured. When bombs were lobbed, Diplal Rai suffered injuries from explosion. Rekha Devi suffered pellet injuries and it was alleged that Jaikal Devi too suffered injuries when she was assaulted with hard and blunt object. The injured were carried to the hospital when Yogendra Rai succumbed to the injuries sustained by him. It was also alleged in fardbeyan of Manoj Kumar Rai, which was registered at 1.15 hours and 22nd June, 1996 at his house, that miscreants who were downstairs, had also removed house belonging which include ornaments, wearing apparel, cash etc.

(3.) IT seems that though prosecution commenced against nine persons including Nandu Rai (since deceased), only appellants were put on trial on various charges, and at trial, State examined altogether 12 witnesses, who are inmates of the house, two witnesses namely, Ram Padarath Jha (PW 11) and Dhaneshwar Upadhyay (PW 12), formal in nature, who simply brought on the record, First Information Report, fardbeyan and inquest report. Jaikal Devi, stated to be one of the injured, was examined as PW 8 who testified about sustaining injuries due to assault. Rekha Devi, another female said to be injured, from pellets, was examined as PW 9 and she too testified about Yogendra Rai having sustained gun shot injuries, miscreants lobbing bomb and commission of dacoity in the house, in the night of incident. Dr. Vinod Kumar Mehta, who held autopsy over the dead body of the deceased Yogendra Rai, was examined as PW 10 and we shall advert to his evidence later on.