RAM DARESH RAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred against the judgment of conviction dtd. 17/6/2017 and the order of sentence dtd. 20/6/2017 passed by Shri Rajendra Pratap Singh, 8th Additional District and Sessions Judge, Muzaffarpur in Sessions Trial No.128 of 2017 arising out of Ahiyapur P.S. case No.118 of 2015, whereby and whereunder the appellant has been convicted under Ss. 341, 323, 448 and 302 of the Indian Penal Code (referred to 'I.P.C.'), and has been sentenced to undergo life imprisonment with fine of Rs.50,000.00 under Sec. 302 of I.P.C. and in default of payment of fine, additional imprisonment for one year, simple imprisonment for one month under Sec. 341 of I.P.C. and simple imprisonment for six months each under Ss. 323 and 448 of I.P.C. The sentences of the appellant was directed to run concurrently.

(2.) The prosecution case, as per the written report of informant Madhu Devi (PW 10), wife of Santosh Rai, submitted before Officer-Incharge, Ahiyapur P.S. on 16/2/2015 at 6:15 p.m. in S.K.M.C.H, emergency ward, is that the sister-in-law (Nanad) of informant, namely, Rinku Devi wife of Ram Bhagat Rai was living in her Maike at Shekhpur before 5-6 months ago due to assault by her husband. On 16/2/2015 at 7:00 a.m., husband of informant's Nanad, namely, Ram Bhagat Rai, father-in-law of informant's Nanad, namely, Ram Daresh Ray @ Tunna Ray along with Suresh Rai and Pawan Rai came her home and started assaulting the sister-in-law (Rinku Devi) of informant. To protect the sister-in-law, the informant put her son on cot and went to intervene, meanwhile Ram Bhagat Rai ordered to kill the son of Santosh and upon which Ram Daresh Rai took the son of informant from the cot and threw him on the floor, as a result the son of the informant cried and became unconscious. The informant took her son to S.K.M.C.H. for treatment, where the doctor declared him dead. The accused persons were also searching the husband of informant to kill him and said that they will kill him anytime. The sister-in-law (Nanad) of informant and Priyanshu Kumari were also injured.

(3.) On the basis of aforesaid fardbeyan of the informant, Ahiyapur P.S. case No.118 of 2015 was registered. The police after investigation submitted charge sheet and thereafter cognizance was taken by the Jurisdictional Magistrate and then the case was committed to the court of Sessions. Charges were framed against the appellant, to which the appellant pleaded not guilty and claimed to be tried.