BASUDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these appeals are directed against the same judgment dated 03.09.2001 and order dated 10.9.2001 passed by Vlth Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 512 of 1996 convicting and sentencing Sudhakar Rai, appellant of Criminal Appeal No. 502 of 2001 to undergo rigorous imprisonment for life u/s. 302 of Indian Penal Code (In short "IPC") and Basudeo Rai, Prabhakar Rai and Rajesh Kumar Rai, appellants of Criminal Appeal No. 472 of 2001 to undergo rigorous imprisonment for life u/s. 302 read with Sec. 34 of the Indian Penal Code and further convicting appellant Rajesh Kumar Rai to undergo rigorous imprisonment for seven years u/s. 307 of the Indian Penal Code and appellant Basudao Rai to undergo rigorous imprisonment for six months u/s. 379 of the Indian Penal Code, have been heard together and are being disposed of by this common judgment.

(2.) THE case of prosecution, in short, is that on 19.6.1996, informant Devendra Rai (PW 6) with his father was in his field where his labourers were sowing seeds when appellant Basudeo Rai alongwith his sons who are appellants Rajesh Kumar, Prabhakar Rai and Sudhakar Rai came there. Appellant Rajesh Kumar Rai was armed with a dagger, appellant Prabhakar Rai with Bhala and appellant Sudhakar Rai with Garasa and appellant Basudeo Rai started abusing the informant and ordered his sons to kill the informant and his father on which appellant Rajesh Kumar Rai assaulted the informant with dagger causing injuries on his left knee, on the extreme left side of his chest below the abdomen and thigh and appellant Basudeo Rai snatched his Titan watch. When father of informant tried to rescue him appellant Sudhakar Rai assaulted him with Garasa on his head and appellant Prabhakar Rai assaulted him with lathi. Informant became unconscious. Bengali Manjhi (not examined) who was working in the field of informant raised nulla on which a number of persons cams there and appellants fled away. Informant was taken to MJK Hospital, Bettiah where his Fard -e -bayan was recorded by Assistant Sub -Inspector B.N. Sharma (P W 7). Old enmity is said to be motive of occurrence. A case under Ss. 307, 324, 323 and 379 read with Sec. 34 of the Indian Penal Code was registered against all the appellants and investigation was taken up. The father of informant was also taken to the same MJK Hospital at Bettiah and from there on 20.6.1996, he was referred to Patna Medical College and Hospital (in short "P M C H") at Patna where, during treatment on 21.6.1996, he died. Section 302 of the Indian Penal Code was added in this case and police, after investigation, submitted charge -sheet under Ss. 302, 307, 323, 324 and 379 read with Sec. 34 of the Indian Penal Code. Cognizance of the case was taken and the case was committed to the Court of Session where charge u/s. 302 of Indian Penal Code against appellant Sudhakar and charge under Ss. 302/34 of IPC against remaining three appellants, namely, Basudeo Rai, Rajesh Rai and Prabhakar Rai and additional charge u/s. 307 of the Indian Penal Code against appellant Rajesh Kumar Rai and u/s. 379 of the Indian Penal Code against Basudeo Rai were framed. After trial, appellants were found guilty and were convicted and sentenced, as indicated above.

(3.) PROSECUTION has examined eleven witnesses. Devendra Rai (P W 6) is the informant. Dr. Madhu Sudan Shukla (P W 1) is the doctor who had examined informant. Dr. Ashok Kumar Singh (PW 2) is the doctor who had examined the deceased on the day of occurrence. Dr. Arun Kumar Singh (P W 8) is the doctor who had held post mortem examination on 21.6.1996 on the dead body of Shiv Nath Sharma, father of informant. Raghunath Prasad (PW 11) is the deed writer who has proved some sale deeds marked Exhibits -10, 10/1 and 10/2. Satendra Rajak (PW 10) is the Judicial Magistrate who had recorded statement of some witnesses u/s. 164 of Criminal Procedure Code. Badri Nath Sharma (PW 7) and Md. Khalil (P W 9) are Investigating Officers. Surendra Kumar Tiwary (PW 4) is a formal witness who has proved station diary entry No. 451 which is marked Exhibit -3 and signature of Officer -in -charge (Exhibit -3/1 ) on the station diary. Ashok Kumar Rai (PW 3) is an eye -witness to the occurrence. Lalan Kumar Rai (PW 5) had accompanied the deceased from Bettiah Hospital to P M C H and after the death of deceased had brought his dead body to Bettiah and participated in the cremation and was present in P M C H when postmortem examination on dead body was held and had earlier informed all these facts to Bettiah Mufassil Police Station where his information was noted down as Exhibit -3 and his signature which is Ex - hibit -3/2 was obtained.