KAMTA RAI Vs. LALITA RAI

JUDGEMENT

(1.) BOTH the appeals have been filed against the judgment and order dated 2.2.1993 passed by 9th Additional Sessions Judge, Sasaram in Sessions Trial No. 223 of 1981/25 of 1990 whereby the appellant of Cr. Appeal No. 51 of 1993 has been convicted for the offence u/s. 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He has further been convicted for the offence u/s. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years. The appellant of Cr. appeal No. 119 of 1993 has been convicted for the offence u/s. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He has further been convicted for the offence u/s. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years.

(2.) ONE Uma Shankar is informant in the case. His fardbeyan was recorded on 1.6.1979 at about 5.30 A.M. at Kargahar Police Station. The informant in his fardbeyan stated that his brother Rama Shankar Roy was coming from the house of Bhikhari Sah. When he reached near the house of Kamta Roy, Lalita Roy questioned who was coming. His brother disclosed his name, Lalita Roy came near him with a gun and started abusing. In the meantime he and his brother Ram Charitar Roy arrived here. His brother, Ram Charitar Roy, made a protest and stated that he was not identifying his brother even in a moon lit night on which Kamta Roy ordered to kill. Lalita Roy fired from his gun causing injury to his brother, Ram Charitar Roy and he died. Lalita Roy, also sustained gun shot injury. On alarm raised the villagers came and the accused persons ran away towards their house. The motive of the occurrence was that there was enmity with the accused persons from before.

(3.) THE defence of the appellants was that in the night of the occurrence dacoits had come in the village and opened fire. The villagers also opened fire from the roof of their house in which Ram Charitar Roy died and the appellants were falsely implicated in the case out of enmity.