UMESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant, being aggrieved by and dissatisfied with the judgment of conviction and order of sentence respectively dated 11.06.2008 and 12.06.2008 passed by the learned 1st Additional Sessions Judge, Motihari in Sessions Trial No. 277 of 2007 has approached this Court in appeal. The appellant was convicted of committing offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and after being heard on sentence was directed to suffer rigorous imprisonment for life as also to pay a fine of Rs. 5000/ - on account of being convicted under Section 302 of the Indian Penal Code. In case of default in making the payment of fine amounting to Rs. 5000/ -, the appellant was directed to suffer simple imprisonment for one year. As regards the conviction of the appellant under Section 27 of the Arms Act, he was directed to suffer rigorous imprisonment for three years and was also required to pay a fine of Rs. 3000/ - else, to suffer simple imprisonment for six months. The sentences were directed to run concurrently.

(2.) DECEASED Kapildeo Sah was the full elder brother of informant Baldeo Sah (P.W.6). It was stated that the deceased Kapildeo Sah was going towards his cattle shade which was situated east of his house and the informant was coming from there after having milked the cattle. When the deceased had reached near the channel which was by the side of the road, this appellant Umesh Rai along with Dharmendra Rai, the brother -in -law of the present appellant, reached near Kapildeo Sah and this appellant is said to have asked him as to whether he had arranged the sum of Rs. 1,00,000/ - from Gauhati which was required by him to be paid to him. It is stated that the deceased rejoined the present appellant by stating that it was not good that being a co -villager he was asking the deceased to pay Rangdari and the deceased further stated that the act of the appellant would not be tolerated. As soon as the deceased had uttered those words, it is alleged, the appellant pulled out a country made pistol and fired a shot at deceased Kapildeo Sah who was hit and fell on the ground and breathed his last. The two accused, i.e., present appellant Umesh Rai and his companion and brother -in -law Dharmendra Rai started running towards north and both of them was followed by the informant Baldeo Sah (P.W.6), Birendra Sah (P.W.2), Harendra Sah (P.W.1) and others of his village. However, the accused persons succeeded in making good their escape.

(3.) IT was stated by P.W.6 the informant that the present appellant as also his brother -in -law Dharmendra Rai were persons of criminal behaviour, who used to indulge in criminal acts in the village and the two were always demanding money from persons which was taken lightly by the informant and others because the accused persons belonged to the same village of the informant.