MADAN GOPAL RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Madan Gopal Rai and Akshay Lal have been convicted by the 2nd Additional Sessions Judge, Gaya in Sessions Case No. 127/84/48 of 1984 for the offences under Section 307/34 of the Indian Penal Code by the judgment and order dated 21.12.1987 and have been sentenced to undergo rigorous imprisonment for life. Appellant No. 2 Akshay Lal has further been convicted under Section 27 of the Arms Act, and sentenced to rigorous imprisonment for five years.

(2.) The prosecution case in brief is that one Suresh Kumar Tirthani (PW 6) lodged fardbeyan (Ext. 3) on 31.7.1983 at 11 a.m. at Pilgrim Hospital, Gaya alleging therein that he is the brother-in-law of Sadhu Ram Tirthani (PW 4) and also worked as his employee. On 31.7.1983 at 7.45 a.m. he was playing with his nephew in front of his house when Rama Shankar Rai (since dead) and his Munshi Akshay Lal passed through that side on a scooter and after ten minutes Akshay Lal along with Rama Shankar Rai and Madan Gopal Rai arrived there and asked him as to why he laughed on seeing him. Suresh Kumar Tirthani responded that he was laughing with the child and that is no offence. His reply annoyed the accused persons and on apprehending trouble, he raised alarm on which Sadhu Ram Tirthani and Basdeo Tirthani arrived there. Suresh Kumar Tirthani handed over his nephew to Binod. Sadhu Ram Tirthani asked the accused Rama Shankar Rai as to why he was scuffling without any rhyme or reason on which Madan Gopal Rai caught the collar of Sadhu Ram Tirthani and gave him two or three slaps. Ram Shankar Rai ordered to kill him by firing and on his instigation Akshay Lal brought out country made pistol from his waist and fired two rounds out of which one bullet caused injury on the right side neck of Sadhu Ram Tirthani and the same bullet also hit Rama Shankar Rai causing injury to him. The second firing made by Akshay Lal hit the Pipal tree. After sustaining injury Sadhu Ram Tirthani fell down. The occurrence was witnessed by the inmates of the house and the workers of the crusher machine namely Badan Mistry (PW 3) and Rambrichh Paswan (PW 2) and others. Further it is said that Rama Shankar Rai was residing by the side of the house of Sadhu Ram Tirthani and the motive for the occurrence was the dispute relating to passage. Rama Shankar Rai had purchased a house and crusher machine from Sadhu Ram Tirthani and since then he was litigating with Sadhu Ram Tirthani for passage, but his brother-in-law (PW 4) had won the case.

(3.) On the basis of the aforesaid fardbeyan of Sadhu Ram Tirthani a formal FIR was drawn up at Gaya Kotwali Police Station as Kotwali P.S. Case No. 213 of 1983 under Section 307/34 of the Indian Penal Code, and 27 of the Arms Act. The police after investigation submitted chargesheet against accused Rama Shankar Rai (deceased) and the appellants. On the basis of the chargesheet cognizance was taken and the case, was committed to the Court of Sessions. The appellants were put on trial which ended in their conviction as stated above.