ASHOK RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 01.06.1992 passed by Vllth Additional Sessions Judge, Patna in Sessions Trial No. 30 of 1990 convicting and sentencing all the appellants to undergo rigorous imprisonment for a period of seven years under Sections 307/149 of Indian Penal Code (In short "IPC"). Appellant Ashok Rai has been further convicted and sentenced to undergo rigorous imprisonment for two years under Section 148 of IPC and other appellants have been convicted and sentenced to undergo rigorous imprisonment for one year each under Section 147 of IPC. Sentences passed against the appellants have been ordered to run concurrently.

(2.) The case of prosecution, in short, is that on 15.01.1989 at about 7 a.m., informant Suresh Rdi (PW 3) was going to attend call of nature towards east of his house when in the way, all the appellants variously armed with lathi and bhala, surrounded him and with an intent to kill him started assaulting him. Appellant Ashok Rai, who was armed with bhala, gave bhala blows on the right leg and arm causing bleeding injures and when he fell down and started raising hulla, remaining appellants, who were armed with lathies, assaulted him with lathies. On hulla of informant, witnesses, namely, Harinandan Rai (PW 1) and Kisto Rai (PW 6) came there and rescued him. All the appellants fled away towards their house. During the occurrence, a sum of Rs. 160/-fell down from the pocket of informant which was picked up by someone from the appellants. The reason of occurrences is said to be previous enmity and litigation between the parties. The informant was taken to Maner Government 'Hospital where his fardbeyan (Exhibit-2) was recorded by Sub-Inspector Janardan Rai (PW 5). A case against appellants except Jitan Rai (since dead) under Sections 147, 148, 341, 307 of IPC was registered by drawing a formal first information report (Exhibit-3). Name of Jitan Rai figured in the further statement of informant recorded during investigation. After investigation, police submitted charge-sheet against all the appellants and'Jitan Rai. Cognitance of the case was taken and case was committed to the Court of Session where charges under Sections 148 and 307 read with Section 149 of I PC against appellant Ashok Rai and charges under Sections 147 and 307 read with Section 149 of I PC against remaining appellants were framed. After trial, all the appellants were found guilty and were convicted and sentenced, as indicated above.

(3.) The case of appellants before the Court below was that on the alleged time and day of occurrence, it was informant and his companions who assaulted appellants with lathies and bhala for which a criminal case was registered and in order to create defence, appellants have been implicated in this false case. Three witnesses on behalf of appellants were examined before the Court below.