WAKIL RAI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals are by the six appellants who have been convicted by judgment dated 03.04.1992 and sentenced by order dated 10.04.1992 by the learned 4th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 411 of 1989. The appellant -Parsuram Rai has been sentenced for an offence under Section - 302 of the Indian Penal Code (hereinafter in short 'IPC') and rest of the appellants have been sentenced under Section - 302/149 and Section - 342 IPC. The appellants Parsuram Rai, Raj Ballam Rai and Ramayan Rai have further been sentenced under Section - 324 IPC. All the appellants have been sentenced to life imprisonment and various others terms for the offences as noted above. The sentences were ordered to run concurrently.

(2.) THE appellants -Wakil Rai, Ramayan Rai and Parsuram Rai are own brothers. The appellant -Ashok Rai, Sheo Kumar Rai and Raj Ballam Rai are close agnates. The prosecution case is based upon the fardbeyan of informant, Hira Lal Rai (P.W. 7), as recorded at his house, inter alia, alleging that his daughter being ill his elder brother Mohan Rai, the deceased, who lives separately in the village, had come to see her. When Mohan Rai was returning by the path adjacent to the house of the appellant -Wakil Rai, Wakil Rai and others, who were busy in transplanting paddy seedlings, came and a quarrel started with regard to traversing Wakil Rai's land. As the quarrel escalated, other appellants came from their houses variously armed and circled Mohan Rai (deceased) who tried to escape, Wakil Rai held him from his back and Parsuram Rai gave a sword blow on the front right hand side of Mohan Rai because of which Mohan Rai fell down. He was then carried by the prosecution party, who had also arrived there, but he died. In the fardbeyan itself it is stated that the path to the house of Hira Lal Rai (informant) passes through the front of the house of appellant -Wakil Rai and on his land. This path is for which Wakil Rai had been in past also telling people not to use which led to a Panchayati as well and it is because of this dispute that Mohan Rai was killed.

(3.) POLICE registered a first information report and immediately they were able to arrest Wakil Rai and Parsuram Rai. Wakil Rai was found injured and referred by the police to the doctor, whereas Parsuram Rai, when brought in jail, was examined by the jail doctor who found injuries. Upon conclusion of investigation, charge -sheet having been filed and cognizance having been taken, the case was committed to the Court of Sessions. The appellants pleaded not guilty and requested for being tried. They were tried, convicted and sentenced as stated above. Hence, these appeals.