RAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS namely Bhagwan Rai, Deo Sharan Rai, Raj Kumar and Bijendra Rai, out of whom Bhagwan Rai and Deo Sharan Rai died, hence instant appeal abated against them, were found guilty vide judgment of conviction and sentence dated 25.06.2002 passed by the Presiding Officer, Additional Court No.II (Fast Track Court), Patna in Sessions Trial No.869 of 1993/ 557 of 2002 convicting all the appellants for an offence punishable under Section 304 (Part -I)/ 149 I.P.C. and directed each of them to undergo rigorous imprisonment for seven years.

(2.) APPELLANTS Raj Kumar and Bijendra Rai have further been found guilty for an offence punishable under Section 148 I.P.C. and each one has been directed to undergo rigorous imprisonment for two years under Section 27 of the Arms Act and each one has been directed to undergo R.I. for three years. Appellant Bhagwan Rai, Deosharan Rai (since deceased) have been found guilty for an offence punishable under Section 147 I.P.C. and each one has been directed to undergo rigorous imprisonment for one year with a further direction to run the sentences concurrently.

(3.) BEREFT unnecessary details, the prosecution case as is evident from the fard -bayan of Mahanand Mahto (PW -13) recorded on 30.06.1992 at about 12.00 noon at Referral Hospital, Bihta alleging inter alia that on the same day at about 10.00 a.m. Ram Chander Rai was ploughing his field. At that very moment, his co -villager Bhuneshwar, Bhagwan, Deosharan armed variously came and unyoked, then took away to the field belonging to Karpuri @ Krishna Rai and began to plough. During course thereof, Deosharan was ploughing field while Bhagwan, Bhuneshwar were standing armed with lathi and garasa. Ram Chander Rai rushed to village and disclosed the event whereupon, he along with Ram Chander, Karpuri, Nandji, Lakhan, Lalji came and began to unyoke. Till then, Raj Kumar armed with pistol, Laxmi armed with countrymade rifle, Bijendra Rai armed with countrymade rifle, Chaubey armed with countrymade rifle along with 4 -5 persons armed variously, came out from date palm herbs and began to fire on account thereof, Ram Chander, Nand Kumar Rai, Karpuri Rai sustained injury. It has also been disclosed that accused Raj Kumar Rai shot at Ram Chander while accused Bijdendra Rai shot at Karpuri Rai. Chaubey shot at Nandji Rai. Lalji also sustained firearm injury fired by Raj Kumar Rai, Bhuneshwar Rai assaulted Lakhan Rai with Garasa, Bhagwan Rai assaulted him (Mahanand Rai) with lathi. It has also been disclosed that accused Bhuneshwar Rai had land dispute with Bhagwan Rai since long. Then thereafter, all the injured were lifted to hospital and during course thereof, Ram Chander Rai died while, as per evidence, Karpuri and Nand Kumar also died during course of treatment. Accordingly, Bihta P. S. Case no.159 of 1992 was registered under Sections 147, 148, 149, 323, 324, 307, 302 of the I.P.C. and Section 27 of the Arms Act followed with investigation as well as submission of chargesheet and on the basis thereof, trial commenced and concluded in a manner, the subject manner of instant appeal.