STATE OF BIHAR Vs. CHANDEVI RAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 21.12.2002, passed by Sri Shio Murat Ram, 5th Additional Sessions Judge, Samastipur in Sessions Trial No. 499 of 1990, whereunder five appellants have been convicted under Section 302/34 of the Indian Penal Code and have been sentenced to death and directed to be hanged by neck till they are dead.

(2.) THE prosecution case, as set out in the fardbeyan (Ext. 3) recorded on 22.10.1989 at 6.30 A.M., is that on 21.10.1989 at about 8 -9 P.M. deceased Jugeshwar Rai, uncle of the informant Bindeshwar Rai (P.W. 9), resident of village Kewata Tole Kagpur had gone to Jamuna Tad to arrange labourers for agriculture purposes. Before he could return, the informant Bindeshwar Rai (P.W. 9) learnt that his uncle was being assaulted by the appellants and one Ajablal Rai near the house of Saryug Das situate in the easters part of the Tola after tying him with black berry tree and bamboo clump with jute rope. Having come to know about the aforesaid information, the informant Bindeshwar Rai (P.W. 9) went towards the eastern end of the Tola alongwith Ramchandra Rai (not examined), Thakkar Rai (not examined), Triveni Rai (not examined) and Damodar Rai (not examined) and saw that his uncle was tied with the biakberry tree in standing posture and the appellants, on the exhortation of Ajablal Rai, were assaulting him with lathi. The informant Bindeshwar Rai (P.W. 9) and others, who accompanied him, forbade the appellants not to assault his uncle, but they did not listen to the request and continued with the assault until he died whereafter they went away leaving his dead body. It is further stated in the fardbeyan that while the assault was on, the informant Bindeshwar Rai (P.W.9) and others did not take steps to inform the police as it was late in the night. In the morning, informant sent his uncle Ramdeo Rai (P.W. 5) to the house of the Dafadar to inform the police station about the occurrence. Before the Dafadar could come back, the informant Bindeshwar Rai (P.W. 9) saw a police vehicle coming in the village then he approached the police personnel in the vehicle and brought them to the place of occurrence. It is further stated in the fardbeyan (Ext. 3) that the cause of occurrence is enmity between the deceased and the appellants, including the accused Ajablal Rai as a proceeding under Section 107 of the Code of Criminal Procedure and Title Suit was pending between them.

(3.) WHILE the aforesaid case remained under investigating, Mala Devi aforesaid filed a complaint case, bearing No. 518 of 1989 (Ext. E) on 26.10.1989 asserting that the deceased Jugeshwar Rai was done to death in the courtyard of her house situate in village Kewata, Tola Kagpur, Police Station Dalsingsarai, District Samastipur on 21.10.1989 in between 9.00 -10.00 P.M. by M/s Ramdeo Rai (RW. 5), Deo Narain Rai (P.W. 8), Bindeshwar Rai (P.W. 9), Damodar Rai and Triveni Rai as they did not approve her second marriage with the deceased Jugeshwar Rai. On the fateful night when the deceased was in her courtyard, the members of the prosecution party of the present case came there and assaulted him with Musal (thrashing pestal) and lathi danda and when she attempted to protect him, she was caught by Ramdeo Rai who pulled her hairs and threw her down and gave blow on her person with fists and kicks and then she was confined in the house of Ramdeo Rai, wherefrom in the morning she was removed to the house of his sister in village Rasulpur where she was kept confined for about three days until Wednesday the 25.10.1989 when she somehow managed to escape in the morning on the pretext of attending the call of nature, whereafter she came to her house at Kewata, Tola Kagpur where she learnt that Jugeshwar Rai died on account of the aforesaid assault. It also appears from the said complaint that the complainant after having learnt about the death of her second husband Jugeshwar Rai, went to the Police Station to lodge a case but the police refused to register any case against the prosecution party of the present case as they were in their collusion and then Mala Devi had no option but to file the aforesaid complaint case on 26.10.1989 in support whereof she also examined herself on solemn affirmation on 26.10.1989 itself.