RAM BILAS RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals have been preferred against the judgment and order dated 25/27th of January, 2001 passed in Sessions Trial No. 336/97 and 241/97 by the then learned Additional Sessions Judge -Ill, Sitamarhi.

(2.) ALL the five appellants have been convicted and sentenced to life imprisonment with a fine of Rs. 10,000/ - for the offence under Sections 302/149 of the Indian Penal Code and in default further R.I. for two years. The fine amount was ordered to be paid to the wife of the deceased, Jai Kumari Devi, PW 7 by way of compensation. The appellants, Ram Bilas Rai and Paldhari Mahto, have again been convicted and sentenced to R.I. for five years under Section 27 of the Arms Act with a direction to run their sentences concurrently.

(3.) ON 3.6.1997 at 8.30 a.m., the SI, S.S.Singh of Parashitt O.P., P.S. Majorganj, recorded the fardbeyan (Ext. No. 4) of the Informant, Lalbabu Rai, Son of Sri Ramlagan Rai of Village Pachharwa, P.S. Majorganj, District -Sitamarhi at his house. The fardbeyan of the informant was forwarded to the O.C., Majorganj, for the institution of a case and on the basis of which Majorganj P.S. Case No. 36 dated 3.6.1997 was registered under Sections 302/120(B) of the Indian Penal Code and Section 27 of the Arms Act against the six accused persons, namely, (1) Ram. Bilas Rai, (2) Shashi Bhushan Rai @ Guddu, (3) Chandra Bhushan Rai @ Pappu, (4) Paldhari Mahto (5) Laldhari Mahto and (6) Raj Karan Mahto. After investigation the accused, Raj Karan Mahto, was not sent up for trial and the rest five accused -appellants were sent up for trial. Accordingly, the cognizance of the offence was taken against the five accused -appellants and the accused, Raj Karan Mahto, was discharged vide order dated 24.12.1997. The case of all the five accused -appellants was committed to the Court of Sessions where they were tried and convicted in the above referred manner.