RAM PRATAP RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 19.12.1990 passed by the learned 4th Additional Sessions Judge, Ara in Session Trial No. 329 of 1984 by which the appellants have been convicted and sentenced to rigorous imprisonment for life under Section 302/34 IPC.

(2.) The prosecution case, in brief, is that on 18.3.1984 at about 5 p.m. the villagers including the informant Chhedi Bhar (P.W. 6) and others were singing at Thakurbari at Ramjanki Temple on the occasion of Holi. All of a sudden, the appellants Ram Pratap Rai and Subash Sharma sons of late Vindhyachal Rai and one Ram Dular Rai came there. The accused Ram Dular Rai instigated the other two accused to kill Bishram Bhar, the son of the informant (P.W. 6) who was also there, thereafter, the appellants shot fire which caused injury to his son Bishram Bhar, who got injury and fell down. There was stampede. The co-villager Ramayan Bhar was taking Bishram Bhar (deceased) towards the northern side in a lane but the accused dragged the injured towards their house in the vicinity of flour mill and assaulted him with garasa which caused the death of Vishram Bhar, the son of the informant. It has further been alleged that in the vicinity of Ramjanaki Thakurbari where there was firing a person Sitaram Singh also got injury and he also succumbed to the injuries after sometime there. The reason for the occurrence is the old enmity between both the parties. The occurrence was witnessed by Ramayan Bhar (P.W. 3), Rampati Bhar (P.W. 4), Raj Kishore Bhar (P.W. 1), Bindhyachal Bhar (P.W. 2) and others. The fardbeyan was recorded by ASI, R. Alam (not examined ) at the house of Subash Sharma, the son of late Bindhyachal Rai at village Dehri on 18.3.1984 at 21.30 hours. On the basis of it Rajpur P. S. Case No. 31 of 1984 was instituted for the offence punishable under Sections 302/201/34 IPC against the appellants and Ram Dular Rai who died during the trial. After investigation charge-sheet was submitted cognizance was taken.

(3.) During the pendency of the appeal accused Ram Dular Rai died and the trial against him was abated vide order dated 8.9.1989 by the learned Trial Court.