KAILASH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals arise out of the common judgment and order passed on 11/17th August, 2000 by the then learned Additional Sessions Judge-IV, Begusarai in Sessions Trial No. 326/85, so they were heard together and are being disposed of by this judgment.

(2.) The appellant, Sunil Rai, son of Kailash Rai, in Criminal Appeal No. 401 of 2000, the appellant, Kailash Rai, son of late Sheo Khelawan Rai in Criminal Appeal No. 393 of 2000 and the appellant, Sunil Rai son of Brahmdeo Rai in Criminal Appeal No. 419 of 2000, have been convicted and sentenced to R.I. for life with fine Rs. 2,000/- for the offences under Sections 302/34, IPC. The fine amount was ordered to be paid as compensation to the legal heirs or relatives of the deceased, Suresh Mahaton. The lower Court committed an error by passing no order about the sentence in default of payment of fine. The accused, Sunil Rai, son of Kailash Rai, has further been convicted and sentenced to R.I. for 10 years under Section 307 of the IPC. The accused, Sunil Rai, Son of Brahmdeo Rai and Sunil Rai, son of Kailash Rai, have again been convicted and sentenced to R.I. for three years under Section 27 of the Arms Act. All the awarded sentences, however, were ordered to run concurrently.

(3.) On 13.9.1982, the informant, Dinesh Mahto, PW 6 lodged FIR alleging inter alia that in the preceding might his two injured brothers, Suresh Mahto (deceased) and Ram Naresh Mahto, PW 5, were sleeping together near their tea shop located adjacent west of Bagraha Dih road. He himself along with his nephew, Binay Mahto, PW 3 was sleeping on the Kathra of the betel shop. On hearing the sound of firing at about 3 a.m. he along with his nephew, Binay Mahto, woke up and noticed that the accused, Anil Rai, son of Kailash Rai, fired a shot from a pistol on the head of Ram Naresh Mahto. He further alleged that the accused, Sunil Rai, son of Brahmdeo Rai, was standing near the head of his injured brother, Suresh Mahaton and he had already fired shot from his pistol at him. He also noticed that the accused, Sunil Rai, son of Brahmdeo Rai, was opening his pistol there and the accused, Ram Naresh Mahto and Kailash Mahto were standing on the road. The informant further alleged that she identified all the four accused persons in the light of lantern burning at the tea shop. Thereafter he along with his nephew raised hulla whereupon nearby people rushed there. Then on the direction of the accused, Kailash Rai and Ram Naresh Rai, all of them made good escape from there towards east. The informant further alleged that the police posted at Bagraha Dih convoy post also arrived there, saw the injured and managed for the removal to the police station on a rickshaw. The informant further alleged that on 11th September, 1982 at about 4 p.m. the accused, Sunil and Ram Naresh Rai had got the Maithy crops of the informant grazed by their she buffaloes as a result of which there had been hot altercation in between them and both the them had threatened the informant's brother to commit his murder. On the same day, i.e., 13.9.1982 at 4.30 a.m. the informant, Dinesh Mahto, PW 6 took his both the injured brothers on a Rickshaw to Phulwaria Police Station under Begusarai District. There his fardheyan (Ext. No. 2) was recorded by the S.I., P. Singh. His fardbeyan was forwarded to the Teghra Police Station for the institution of a case and on the basis of which a formal, FIR (Ext. No. 3) was drawn up and Teghra PS. Case No. 158 of 1982 was registered against the four accused persons, namely, (1) Kailash Rai, (2) Ram Naresh Rai, (3) Sunil Rai and (4) Anil Rai, under Section 307 of the IPC and Section 27 of the Arms Act. Consequent upon the death of the injured, Suresh Mahto, Section 302 of the IPC was added in this case vide order dated 4.11.1982 and on the prayer of the Officer Incharge of Teghra Police Station (Phulwaria) the name of one accused, Anil Rai, son of Kailash Rai, was corrected as Sunil Rai, son of Kailash Rai vide order dated 4.11.1982. On completion of investigation police submitted charge-sheet against all the four accused persons, namely, Kailash Rai, Ran Naresh Rai, Sunil Rai, son of Kailash Rai and Sunil Rai, son of Brahmdeo Rai, under Sections 302/307/34 of the Indian Penal Code and Section 27 of the Arms Act. After cognizance of the offence the case of all the four accused was committed to the Court of Sessions to stand the trial. The accused, Sunil Rai, son of Brahmdeo Rai and the accused, Sunil Rai, son of Kailash Rai, were charged under Section 27 of the Arms Act. All the four accused were charged under Section 302/34 of the IPC and the accused, Sunil Rai, son of Kailash Rai, was separately charged under Section 307 of the Indian Penal Code. During the course of trial the accused, Ram Naresh Rai, died and proceeding against him was dropped vide order dated 22.1.2000 and the trial proceeded against all the three accused.