GONAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though prosecution was launched against as many as 26 number of accused persons, two having died during pendency of the trial, trial proceeded against 24 number of accused persons and it seems that during pendency of appeal, as Nagendra Rai too was reported to be dead, the appeal having abated against him, continued against rest 23 appellants.

(2.) Broad features of the prosecution case, which have been elaborately spelt out in the judgment of the Court below, may be recapitulated with brief narrations.

(3.) It was Ram Chandra Rai (PW 7) who took recourse of police authority and rendered his fardbeyan before ASI Lallan Singh at Patori Police Station at 16 hours on 14th August, 1983, with accusation that on the fateful day, while he along with his father Lekh Narain Rai, brother Ram Pravesh Rai, Sheo Shankar Rai, and uncle Satyadeo Rai was taking pumping set to the field for transplanting paddy crops, he noticed a mob of 40-50 persons holding lethal weapons and firearms, proceeding towards them, and shortly after they reached there, they intercepted them and hurled abuses. It is alleged that on exhortation made by Damodar Rai, one of the appellants, they apprehending danger, proceeded towards the house of Jailal Rai. pursuant to which some people, from the mob, resorted to firing and those who suffered injuries, were Sheo Shankar Rai, when Damodar Rai took recourse to firing. It was alleged that Ram Pravesh Rai and Satyadeo Rai also suffered injuries when Ram Ekbal Rai took recourse to firing and all these three- dropped injured. As ill luck would have it, Dinesh Singh and Ganesh Singh to pacify the matter, and then, it is alleged that on exhortation made by Damodar Rai, there was shower of bullets, and apprehending danger, all of them took refuge in the house of jailal Rai. It was further alleged that they were dragged out from the house of Jailal Rai and were dealt blows with lethal weapons, causing injuries to Ram Naresh Singh. Dinesh Rai and Ganesh Singh. About Ram Naresh Rai, it was alleged that the assailants dragged him to the maize field of Dasrath Thakur and there too he was dealt blows and again they brought him east to the house of Jailal Rai and dropped him there. As the police happened to reach the place of occurrence, the mob began to disperse. However, in the process of their escape, both Sarjug Rat son of Prabhu Rai, and Sarjug Rai, son of Tilakdhari Rai and Nunu Rai were apprehended by the police with lethal weapons and they were taken into custody by the police. The injured, it is alleged, were taken to Patori hospital where Ganesh Singh succumbed to the injuries and after they were taken to Darbhanga Medical College Hospital. Dinesh Singh too succumbed to the injuries. The genesis of the incident behind the gruesome killing of the two deceased, as has been the prosecution version, was that since the members of the prosecution party did not participate in the feast organized on the eve of sradh of mother of Harbansh Rai, two of them had been brutally killed by them.