RANJAY RAI @ RANJAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant has been convicted for the offences under Sections 302/149, 307/149, 326/149, 429/149, 436/149, 148 and 452 of the Penal Code and sentenced to undergo Rigorous Imprisonment for life under Section 302/149 of the Penal Code with observation that it is not necessary to impose sentence for the other offences.

(2.) BY filing the present appeal appellant has challenged the judgment of conviction, order of sentence dated 05/07.06.2013, passed by Ad hoc Additional District and Sessions Judge - IInd, Hajipur, Vaishali in Sessions Case No. 195 B of 2006/571 of 2006.

(3.) PROSECUTION case, as set out in the fardbeyan of informant injured Bijendra Mahto (P.W.7) in Primary Health Centre, Raghopur on 01.01.2006 at 7:30 A.M. is that in the preceding night of 01.01.2006, informant was sleeping on the veranda, other family members were sleeping inside the house. Around 1:00 A.M. informant heard voice, foot steps of few persons approaching his house, woke up, saw in the adjoining bulb light co -villagers Jagat Rai, Bipat Rai, Ram Babu Rai, Binay Rai, Dandu Rai, Shankar Rai, Deonath Rai, Nathu Rai, Chhabila Rai, Bachcha Babu Rai, Jay Babu Rai and appellant Ranjay Rai as also 10 to 11 unknown, variously armed with lethal weapons. Informant tried to run away but Jagat Rai, Bipat Rai apprehended him and pushed him on the ground, 3 -4 unknown climbed over him, gagged his mouth by pushing gunny bag. Jagat Rai asked his accomplice to surround the house so that none could come out from the house, to sprinkle kerosene oil and to set the house ablaze. Ram Babu Rai locked the house/room from outside in which wife of the informant, children were sleeping. After the house/room was locked, Binay Rai, Dandu Rai, Shankar Rai went to the roof, sprinkled kerosene oil and set the house ablaze. Nathu Rai, Chhabila Rai sprinkled kerosene oil on the person of the informant and pressed him by their feet so that he may not escape. Jagat Rai put lighted match -stick over the mouth of the informant. After the house was set ablaze, the rioters ran away. Informant also managed to run away and save himself. While the informant was running away, Bipat Rai shot at him, the informant, however, escaped the shot and succeeded in running away raising alarm. Hearing alarm his neighbours and brother Binod Mahto (P.W. 1), Bindeswar Mahto (P.W. 3) as also other members of the family also woke up and raised alarm. In the locked house, wife of the informant Baby Devi, the daughters Neelam Kumari, Punam Kumari, sons Suraj Kumar, Anil Kumar and Rajesh Kumar were burnt alive. Informant's she -buffalo, calf, entire belongings of the house were also gutted to ashes. In the fardbeyan informant further stated that three months earlier his she -buffalo was stolen by Jagat Rai and his family members for which he lodged a case. For the last 15 days pressure was being mounted on him to withdraw the case but informant was not responding as the case was pending in Court.