JOKHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A supplementary affidavit has been filed sworn by one Akchhay Rai, son of appellant -Gaya Rai, stating therein that appellants -Jokhan Rai, Ramchela Rai and Santan Rai, who are all appellants in Cr. Appeal (DB) No.32 of 1992, have died during pendency of this appeal.

(2.) Having heard learned counsel for the appellants, learned counsel for the informant and the learned A.P.P., we have no reason to disbelieve in the said affidavit. In that view of the matter, we are not inclined to order any enquiry in the matter. The appeal in relation to these appellants, i.e., appellants -Jokhan Rai, Ramchela Rai and Santan Rai stand abated.

(3.) The prosecution case is based upon the fardbeyan of one Ranjeet Rai (P.W.5), who is the brother of the deceased Dharichan Rai, who is alleged to have been shot by the appellant - Sarbjeet Rai. The fardbeyan is recorded at the police outpost Belaon of Bhagwanpur Police Station. It is, inter alia, alleged that on the evening of 06.07.1986 the informant found the accused persons trenching upon their agricultural land and cutting mud therefrom. This being objected to there was an altercation between the two sides. Appellant -Ganga Rai is supposed to have first fired injuring the deceased and then appellant -Sarbjeet Rai fired at the chest of the deceased whereby the deceased died near his house. There were altercations between different parties. The informant had been assaulted on head and hand, others were also assaulted. Upon this fardbeyan being recorded, it was forwarded to Bhagwanpur Police Station where Bhagwanpur P.S. Case No.65 of 1986 was registered under Sections -147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code (hereinafter in short 'IPC') and Section -27 of the Arms Act. There were as many as 18 persons named in the F.I.R. so registered. Upon completion of investigation, police submitted charge -sheet only against 11, being the 11 appellants, in the two appeals before us. Seven accused persons were then summoned under Section -319 Cr.P.C. and added as accused but after trial all of them were acquitted. Thus, trial was conducted in relation to 18 persons out of whom only 11 persons were convicted. Upon charge -sheet being filed, the learned Magistrate took cognizance of the offence, as alleged, and committed the case to the Court of Sessions where charges were framed to which the appellants and others pleaded not guilty. They were tried and, as noted above, the 11 appellants were convicted. The rest were acquitted.