SUDARSHAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals on behalf of one appellant each arise from the same judgment and as such have been heard together and are disposed of by this common judgment.

(2.) The appellants have been convicted under Section 396 of the Penal Code and sentenced to imprisonment for life for committing murder of Subhash Rai while committing dacoity in the house of Pritam Rai, Sakil Rai and Tuklali Rai in the night of 24/25th February, 1995.

(3.) The occurrence was reported to SI Ram Charitar Paswan, Officer Incharge of Maner Police Station by Pritam Rai at the clinic of Dr. Ajay Kumar at Maner at 3 a.m. He stated that while he was sleeping in his maize field at one O'clock he heard some noise coming from his house; when he went to his house, he saw Jiva Nand Rai, Ram Lakhan Rai, Prabhu Rai and Rural Rai - co villagers, and Sudarshan Rai and Sakaldeo Rai of Village Dekuli, Police Station Bihta. They were armed with lathi, danda and garasa. They were asking his father Baijnath Rai about the whereabouts of his son saying that he was instrumental in getting his liquor bhathi (distillery) closed by the police and case instituted. They had to spend ten thousand rupees in the case. They had come to collect double of the amount i.e. twenty thousand rupees lest they wound be killed. Baijnath Rai replied that it was police action and they were not responsible for the closure of the bhathi Upon this the miscreants started assaulting his father by lathi, danda and garasa. On shout his (informant's) uncle Subhash Rai, Jamuna Rai and aunt Sukali Devi came to rescue. They too were assaulted. After assault the miscreants left the place with some articles. The informant stated that after the miscreants left he brought his injured father Baijnath Rai and uncle Subhash Rai, Yamuna Rai and Sukli Devi for treatment to the clinic of Dr. Ajay Kumar at Maner where they were undergoing treatment.