JAIYA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nine appellants have preferred this appeal against the judgment and order dated 1.12.2001 passed by the Illrd-Additional Sessions Judge, Sitamarhi, in Sessions Trial No. 304 of 1995/106 of 2000. Appellant No. 1 Jaiya Rai has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs. 2000/-. In default of payment of fine R.I. for one year. He has further been convicted under Section 148 of the Indian Penal Code and has been sentenced to R.I. for two years. Appellant Nos. 2 to 9 have been convicted under Sections 302 and 149 of the Indian Penal Code and sentenced to undergo R.I. for life as well as fine of Rs. 2000/-. In default of payment of fine, R.I. for one year. They have also been convicted under Section 147 of the Indian Penal Code and sentenced to R.I. for one year. . . .

(2.) Fardbeyan of the informant Nagendra Rai (PW 2) was recorded by the Sub-inspector of Dumra Police Station on 19.3.1994 at about 11 pm at the police station. In his fardbeyan Nagendra Rai stated that on 19.3.1994 at about 9 pm his father Ram Lakhan Rai was outside his residence talking to Madheran Rai about some feast. His father had just taken his meal when all the accused persons suddenly came there. Jaiya Rai was armed with chakua meant for chopping of chaf and rest were armed with lathi and Pano Devi was armed with bamboo fatha. Jaiya Rai abused the father of the informant and asked as to why he was talking about the feast held on his uncle's Shradh. Some altercation took place between Jaiya and the father of the informant. Jaiya Rai assaulted Ram Lakhan Rai with the frame of the chakua on his head with an intention to kill him. As a result of which Ram Lakhan Rai became injured and he fell down due to profuse bleeding from his head. Thereafter, the other accused persons also assaulted with lathi. The informant and his brother intervened. They too were assaulted by the accused persons. Father of the informant died then and there at the place of occurrence itself. Thereafter, the accused persons fled away.

(3.) On the basis of the fardbeyan of Nagendra Rai (PW 2) a formal FIR was instituted as Dumra Police Station case No. 39 of 1994 against nine accused persons named in the FIR for the offence punishable under Sections 147, 148, 149, 448, 323 and 302 of the Indian Penal Code. The case was investigated by IO (PW 2). He sent the dead body for post mortem and submitted charge-sheet on conclusion of investigation. After cognizance case was committed for trial and the trail Court convicted the appellants as stated above.