RAM AWADHESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 28.10.2009 and order of sentence dated 04.11.2009 passed by the learned Additional District and Sessions Judge, Fast Track Court -1, Sasaram in Sessions Trial No. 53 of 1986 by which the appellant has been convicted under Sections 302 of the Indian Penal Code and 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 50,000/ - and in default to suffer simple imprisonment of one year under Section 302 of the Indian Penal Code and rigorous imprisonment for three years under Section 27 of the Arms Act.

(2.) As per the informant Ram Barai Ram (Chamar) on 04.05.1985 at about 9:30 A.M. his brother Chhotai Ram and younger son Dhanji Ram, Gyanchand Ram and Ayodhya Ram had taken the cattle for grazing in the western field near the boring of Ramnath Rai where Dhanji Ram picked up unripe mangoes which had fallen from the tree upon which Pappu Rai, son of Ramashish Rai objected and asked why the same was being picked up. The brother of the informant had replied that he had only picked up the fallen unripe mangoes and Pappu Rai is said to have gone towards the village using abusive language. The informant at that time had reached near the 'mahua' tree. After that co -villagers Ram Awadhesh Rai with double barrel gun, Birendra Rai with countrymade gun, Sidhnath Rai and Fatingan Rai with spear in their hands, Shivji Rai with rifle in his hand and Satyadeo Rai with a single barrel gun, Bhikhari Rai with stick, Doman Rai with spear, Shiv Bihari Rai with single barrel gun and Rajbansh Rai with one small pistol came shouting "maro, maro chamar ko". Upon this, the brother of the informant and his younger son who were tending to the cattle started running towards the southern side. Seeing this, Ram Awadhesh Rai told that one person was running away upon which Fatingan Rai told while running to shoot at the younger brother of the informant Chhotai Chamar. On such exhortation, Ram Awadhesh Rai made one fire on the brother of the informant which did not hit him, then the brother of the informant stood there and with folded hands asked to be forgiven. Then, Ram Awadhesh Rai fired due to which the brother of the informant was injured and he fell down and the injury was below the right armpit on the chest. When wife of Laxman Ram came to save from the firing, Fatingan Rai gave a blow on the back by the stick of the spear and the other accused went away firing. The informant watched the incident after hiding near a tree and after the brother of the informant had fallen down, the accused ran away in various directions. The women of the village then took the brother of the informant to the hospital where the doctor declared him dead.

(3.) The aforementioned fardbeyan was recorded by Sub -Inspector M. Jha of Suryapura P.S. on 04.05.1985 and the F.I.R. was thereafter lodged on the same day at 3:15 P.M. bearing Suryapura P.S. Case No. 34 of 1985. Altogether, as per the fardbeyan, there were nine accused. Upon submission of chargesheet, cognizance was taken and charges were also framed against the nine accused under Sections 302, 302/149 of the Indian Penal Code and 27 of the Arms Act. During trial, Fatingan Rai and Shivji Rai died. Upon trial, out of the seven accused, only the appellant Ram Awadhesh Rai has been convicted.