SHANKAR RAI AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed assailing judgment of conviction, order of sentence dated 30.06.1992 passed by 5th Additional District & Sessions Judge, Saran, Chapra in Sessions Trial No. 238 of 1987, where under Accused No. 1 Shankar Rai has been convicted for the offence under Sections 302, 324, 148, 341 of the Penal Code, sentenced to suffer Rigorous Imprisonment for life, one year, one year for the offences under Sections 302, 324 and 148 of the Penal Code respectively. No sentence has been awarded for the conviction under Sec. 341 of the Penal Code. Accused Nos. 2 to 5 have been convicted for the offence under Sections 326/149, 148 and 341 of the Penal Code, sentenced to suffer Rigorous Imprisonment for three years, one year under Sections 326/149 and 148 of the Penal Code respectively. No sentence has been awarded for the offence under Sec. 341 of the Penal Code. The sentences, however, have been directed to run concurrently.

(2.) Prosecution case, as set out in the First Information Report of informant P.W. 6 Yadunandan Rai is that he is resident of Village Pahleja Balli Tola, for the present residing at Shahpur Diara, Police Station-Sonepur, District-Chapra. On Saturday i.e. 15.04.1986 around 2:00 P.M he came to Sonepur Police Station and stated before the Officer-in-Charge that he has landed property in Kujara riverine bearing Tauji No. 5626 from which harvested Rahar crop was being carried on a tyre-cart driven by Arjun Rai, resident of Shahpur Diara (not examined). Informant, his nephew Kameshwar Rai deceased were also following the tyre-cart. Around 10:00 A.M. the tyre-cart reached Panchhopa, informant saw Accused No. 1 Shankar Rai, Accused No. 5 Dineshwar Rai, Accused No. 4 Ram Sundar Rai, Accuse No. 3 Junar Rai, Accused No. 2 Chandeshwar Rai armed with spear, pistol, lathi, Gandasi, lathi respectively coming from the northern side, surrounding the tyre-cart and abusingly asking him to stop the tyre-cart. From amongst the miscreants Accused No. 1 Shankar Rai pierced his spear in the chest of Kameshwar Rai who having fallen down died at the spot. The informant was also attacked by Shankar Rai with his spear when he came to save Kameshwar causing injury on his right thumb. Another attempt was also made to attack informant causing injury on his left palm. The five accused persons ran away after killing Kameshwar and attacking informant. In the First Information Report itself informant stated that occurrence has been witnessed by Nasib Lal Rai (P.W. 4) and Arjun Rai (not examined) as also other local persons, resident of Village-Sabbalpur, Pahleja. The local persons also attempted to apprehend the accused persons but failed. In the First Information Report itself informant further stated that he has enmity with the accused persons concerning land litigation which is pending in court. He also stated that he has been falsely implicated in a case by Shankar Rai who deposed against him in the said case and got him dismissed from the Railway service. Informant further contended that because of the enmity, the accused persons hatched a conspiracy, attacked him and killed his nephew at the place of occurrence itself. It is further stated that if the witnesses had not intervened, the accused persons might have killed the informant also.

(3.) Having made the statement informant requested the Officer-in-Charge to take appropriate action in the matter. The statement of the informant was read over to him, he having found the same correct, put his Left Thumb Impression over the First Information Report as he was unable to put his signature due to the injury in his right hand. Besides the informant Ganesh Prasad Rai, resident of Sabbalpur, New Tola, P.S.- Sonepur and Dineshwar Rai, resident of Barbatta (both not examined) also put their signature as attesting witness of the First Information Report. The First Information Report was registered on 05.04.1986 at 2:00 P.M., dispatched from the Police Station to the court of Chief Judicial Magistrate, Chapra on the same day but received in court at Chapra on 07.04.1986.