RAM PRIT RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction and order of sentence dated the 21st of July, 2001, passed by the learned 7th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 127 of 1996 by which appellants Harendra Rai and Shiv Rai were held guilty of committing offences under Sections 148, 326 and 324 of the Indian Penal Code and were directed to suffer rigorous imprisonment for six months each under each of Sections 148 and 324 of the Indian Penal Code and an other term of rigorous imprisonment for a period of two years under Section 326 of the Indian Penal Code. Both of them were also directed to pay a fine of Rs. 100/ - each for being held guilty under Section 326 of the Indian Penal Code. The amount of fine appears paid by the two appellants. As regards appellants Ram Prit Rai, Shanker Rai and Baiju Rai they were found guilty of committing offences under Sections 147 and 323 of the Indian Penal Code and each of them was directed to suffer rigorous imprisonment for six months each on each of the two counts.

(2.) APPELLANT No. 1 Ram Prit Rai was aged about 72 years on the day of judgment. The remaining four appellants, i.e., Harendra Rai, Shiv Rai, Shanker Rai and Baiju Rai are sons of appellant Ram Prit Rai.

(3.) THE prosecution story was contained in the Fardbeyan of Jai Gopal Rai, who could not be examined on account of his death during trial, recorded in the Patna Medical College Hospital on 8.11.1993 at 7 P.M. It was stated that while he was feeding his cattle, he was informed that his son Chitranjan Rai (P.W. 4) was being assaulted by the accused persons on Plot No. 1115 situated at his village. Leaving aside feeding his cattle, the informant rushed to the plot to find that his son was being assaulted by all the five accused persons with Lathis and Dandas. Jai Gopal Rai forbade the accused persons to assault his son upon which appellant Ram Prit Rai is said to have caught him while appellant Harendra Rai and Shiv Rai are said to have given two blows each with Chhura on the back of Jai Gopal Rai as a result of which he was injured. The hue and cry generated due to the occurrence attracted many persons named in the First Information Report who witnessed it.