RAM BABAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants, the State and Sri Prabhash Ranjan Thakur for the informant.

(2.) Appellants are aggrieved by the judgment/ order dated 23.12.1992, passed by 5th Additional Sessions Judge, Samastipur, in Sessions Trial No. 42/23/1992/1992 whereunder Accused Nos. 1 to 3 have been convicted for the offence under Section 302 of the Penal Code and Accused No. 4 has been convicted for the offence under Section 302/34 of the Penal Code. Appellant Ram Badan Rai has also been convicted for the offence under Section 27 of the Arms Act. Appellants have been sentenced to undergo rigorous imprisonment for life and appellant Ram Badan Rai has further been sentenced to undergo rigorous imprisonment for three years for the offence under Section 27 of the Arms Act. Sentence imposed on Ram Badan Rai has been directed to run concurrently.

(3.) Prosecution case, as set out in the fardbeyan of informant Umesh Rai, recorded by Sub-Inspector Jharkhandi Jha of Samastipur Muffasil Police Station on 08.05.1991 at 22.45 hours at Jitwarpur Kothi Chowk, is that on 08.05.1991 around 9.30 P.M. he was at his residence where a jeep bearing Registration No. DAJ 9159 carrying banner, poster of Congress candidate Sri Baliram Bhagat driven by Accused No. 4 Daya Nand Malakar arrived. Occupants of the jeep were Accused Nos. 1 to 3, namely, Ram Badan Rai, Ram Prasad Rai @ Rama Rai and Amresh Kumar Rai and 3-4 unknown whom informant claimed to identify if shown. Ram Badan Rai asked the informant to make available his brother-in-law Arun Kumar Rai, who was not available in the house and was away somewhere, Ram Badan Rai extending threat went away on the jeep. Informant having become perplexed took his torch, proceeded towards Hakimabad to look for his brother-in-law. Before reaching Hakimabad near Jitwarpur Kothi Chowk saw his brother-in-law returning along with another Arun Rai, son of Ram Prakash Rai, resident of Jitwarpur coming on a bicycle. Amlendu Kumar, Anil Kumar also accompanied his brother-in-law and Arun Rai on the other bicycle. Having seen his brother-in-law coming informant also returned along with him and others, reached near Jitwarpur Kothi Chowk around 10.00 P.M., took turn towards Chandani Chowk for coming to his residence, meanwhile, same jeep DAJ No. 9159 approached the informant and others from Chandani Chowk side. The occupant of the jeep spotted the brother-in-law of the informant, stopped the vehicle, Ram Badan Rai alighted therefrom, pointing pistol on his brother-in-law, asked brother-in-law of the informant also to stop, brother-in-law of the informant and Arun Rai, leaving their bicycle, raising alarm ran but was chased by Ram Badan Rai, who also fired. Other 3-4 accused persons including Ram Prasad Rai @ Rama Rai, Amresh Rai, armed with sword and dabia also chased the two. Informant could see the occurrence in torch light. Brother-in-law of the informant ran towards Jitwarpur Kothi orchard situate by the side of pitch road. Other two companions of the brother-in-law, namely, Amlendu Kumar and Anil Rai raising alarm went on their bicycle towards Jitwarpur Chandani Chowk, returned along with villagers Ram Sajan Rai, Ractu Rai, Anil Kumar, Amlendu Kumar and others. Informant and others from a distance of 200 yards from the orchard heard another shot and went into the orchard, saw in torch light accused Amresh Rai, Ram Prasad Rai and others assaulting his brother-in-law with Dabia and sword after he fell down on the ground. Hearing firing sound other villagers also came to the orchard and the accused persons ran away from the orchard on the same jeep DAJ 9159. Informant and others moved in the orchard, saw his brother-in-law lying on the ground having suffered gun shot in his belly and cut wound caused by sword and dabia on his throat and was dead. Another Arun Rai, who accompanied the deceased brother-in-law of the informant, was also searched but until recording of the fardbeyan could not be traced perhaps has been abducted by the accused persons. While informant and others were preparing themselves for going to the police station scribe of the fardbeyan arrived at Jitwarpur Chowk and recorded the fardbeyan of the informant. In the subsequent paragraph of the fardbeyan informant indicated the motive behind the occurrence i.e. previous enmity with Ram Badan Rai, as Raj Kumar Rai, resident of Jitwarpur Nizamat has lodged a case against Ram Badan Rai in which Arun Kumar Rai (deceased) was a witness supporting the case of Raj Kumar Rai and that few harizans were settled land by the side of the river, which was being opposed by Rama Rai, Ram Badan Rai, brother-in-law of the informant was supporting the harizans in their settlement. Besides on 04.05.1991 protest was raised against Congress candidate Sri Baliram Bhagat near Chandani Chowk persuading Ram Badan Rai, Amresh Rai, Rama Rai to assault brother-in-law of the informant with fists and slaps whereafter brother-in-law forcibly took the motorcycle of Ram Badan Rai and returned the same after panchayati by the villagers. The accused persons still remained aggrieved by the conduct of informant's brother-in-law. In the last but one paragraph of the fardbeyan informant claimed that accused persons named in the fardbeyan killed his brother-in-law because of enmity with Ram Badan Rai. Fardbeyan statement was read over to the informant and he having found the same to be correct put his signature on the fardbeyan. Besides the scribe of the fardbeyan one Satyendra Kumar Rai also put his signature over the fardbeyan as attesting witness. Having recorded the fardbeyan scribe took up the investigation of the case and forwarded the fardbeyan to the Inspector-cum-Officer-in-Charge, Samastipur Town Police Station for registration of the formal First Information Report under Sections 364, 302/34 of the Indian Penal Code, Section 27 of the Arms Act.