SHIV YADAV SHEO RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants have preferred this appeal against the judgment and order dated 3/5/2001/11/5/2001 passed by the then 6th AddI. District and Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 509 of 1987. Appellants have been convicted under Section 302/34 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for life.

(2.) The criminal proceeding was initiated on the basis of fardbeyan of Mahanth Raut recorded by Sub-inspector of Chanpatia Police Station at Government Hospital, Chanpatia, on 10/9/1986 at 11 a.m. In this fardbeyan he stated that on the same day at 7 a.m. Nathu Raut, Kailash Raut, Babban Raut and Banarasi Raut were called for Panchayati. This Panchayati was convened in relation to an altercation which had taken place in between Barhu Ram and the informant. In this dispute Sheo and Shambhu had taken the side of Barhu Ram and also abused him. The Punches asked the informant as to why they have been called. He informed them about the alter-cation in between him and Barhu Ram. He also informed the Punches that Sheo Raut and Shambhu Raut had also abused him by taking the side of Barhu Ram. In retaliation he had also abused them. Sheo Raut and Nathu Raut on this assaulted the informant on his left leg. In the meantime, brother of the informant Bijali Raut came there and asked Sheo Raut why he was assaulting his brother. On this Shiv Shankar Raut assaulted Bijali Raut with lathi on the back of his head. Kamal Raut was also standing there and he assaulted Bijali with lathi on the front side of his head. Bijali Raut fell down. On alarm Ramayan Raut alongwith Babban Raut and others came there to rescue Bijali Raut but Mahanth caught hold of Ramayan Raut and tried to take him away. Thereafter, the informant with help of others brought Bijali Raut to Chanpatia hospital. Bijali was being treated in the hospital and his condition was serious.

(3.) Chanpatia P.S. Case No. 88 of 1986 was registered on the basis of fardbeyan of Mahanth Raut, the informant, under Sections 147, 323, 325 and 307 of the Indian Penal Code. Subsequently, injured Bijali Raut died and Section 302 of the Indian Penal Code, was also added. The case was investigated and on completion of investigation chargesheet was submitted against Sheo Raut, Shambhu Raut, Kamal Raut and Shiv Shankar Raut. Cognizance was taken against the accused persons and the case was committed to the Court of Sessions. Four accused persons namely, Sheo Raut, Shambhu Raut, Kamal Raut and Shiv Shankar Raut were put on trial. One of the accused Shiv Shankar died during the pendency of the trial. On completion of trial three accused persons have been convicted and sentenced as stated above.