SANTOSH KUMAR AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (DB) No.1104 of 2009 wherein Santosh Kumar as well as Amal Kumar happen to be the appellants while Cr. Appeal (DB) No.202 of 2010 wherein Ram Prasad Rai @ Rama Rai @ Rama Prasad Rai happens to be appellant commonly originate out of Sessions Trial No.407 of 2006 arising out of Samastipur (Mufassil) P. S. Case no.73 of 2004, wherein all the appellants have been found guilty for an offence punishable under Sec. 302/34 of the Indian Penal Code while appellant Ram Prasad Rai @ Rama Rai @ Rama Prasad Rai has been found guilty under Sec. 27 of the Arms Act additionally and each one has been directed to undergo rigorous imprisonment for life as well as Ram Prasad Rai @ Rama Rai @ Rama Prasad Rai has been directed to undergo rigorous imprisonment for seven years as well as to pay a fine of Rs. 5,000.00 to be paid to the legal heirs of the victim and in default thereof, to undergo rigorous imprisonment for two years, have been heard analogously and are being disposed of by a common judgment.

(2.) Sheojee Rai (PW-4) gave his fard-bayan on 22.02.2004 at his house alleging inter alia that on 21.02.2004 at about 10.30 p.m., he along with his son Kamlesh Rai (deceased) had gone to the house of Ram Badan Rai and while was returning and in course thereof, reached in front of cow-shed of Ram Badan Rai, Ram Prasad Rai @ Rama Rai @ Rama Prasad Rai armed with country-made pistol, Chandan Kumar armed with pistol, Santosh Kumar armed with pistol, Amal Kumar armed with pistol along with 10-15 unknown persons caught hold his son Kamlesh Rai and then thereafter, Ram Prasad Rai @ Rama Rai @ Rama Prasad Rai shot at chest of his son, Kamlesh Rai on account of which he fell down and died. Thereafter, all the accused persons escaped therefrom making indiscriminate firing. His another son Akhilesh Rai, after hearing sound of firing while was coming from his house was apprehended by the accused persons near Kali Temple and was assaulted. Long standing enmity has been shown motive for commission of the occurrence. Brahmdev Rai, Bashishtha Rai have been shown as witness who have seen the occurrence. Satya Narayan Rai happens to be the first information report attesting witness.

(3.) On the basis of aforesaid fard-bayan, Samastipur Town (Mufassil) P. S. Case no.73 of 2004 was instituted whereupon investigation proceeded and after concluding the same, charge-sheet was submitted only against aforesaid three appellants whereupon they have been charged which they denied and on account thereof, faced trial and met with ultimate result.