LALAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) An occurrence took place on 8.11.1983 at about 10.00 a.m. on Plot No. 141 situated in Village Nayagaon (Sonepur) in District Saran. One Ram Sewak Rai, uncle of the informant PW 7, died in the assault. The prosecution side and the accused persons are pattidars (neighbours). The cause of the occurrence was a dispute between the parties for two and half dhurs of Plot No. 141, both sides being armed with sale deeds.

(2.) The police on completion of the investigation submitted charge-sheet against appellants 6 to 8 under Section 302 read with Section 149 of the Penal Code. The other appellants were charged under Section 302 read with Section 34 of the Penal Code. Appellant No. 2 and appellant No. 7 were further charged under Section 324 of the Penal Code. Appellant No. 8 was further charged under Section 325, IPC and appellant Nos. 4 and 8 were further charged under Section 147, IPC while the remaining appellants were charged under Section 148 of the Penal Code. The trial Court on the conclusion of trial on basis of the aforesaid materials held all the appellants guilty under Section 302/149 of the Penal Code and sentenced them to life imprisonment. Appellants 2 and 7 were further found guilty under Section 324 of the Penal Code and sentenced to one year rigorous imprisonment each. Appellants 4 and 8 were also found guilty and convicted under Section 147 of the Penal Code and sentenced to rigorous imprisonment for each under Section 147 of the Penal Code. Appellant No. 8 was further held guilty and convicted under Section 325 of the Penal Code and sentenced to rigorous imprisonment for two years. The other appellants were held guilty and convicted under Section 148 of the Penal Code and sentenced to rigorous imprisonment for two years. All the sentences were directed to run concurrently.

(3.) The case proceeded on the basis of the fardbeyan of one Harendra Prasad Yadav PW 7 recorded the same day at 11.00 a.m. by the Officer Incharge Nayagaon PS (marked as Exhibit-3). He stated that on the same day at about 10.00 a.m. his uncle Ram Sewak Rai saw Sabu Lal Rai-appelant No. 2 and Musafir Rai- appellant No. 5 dismantling the Tat' in front of his house. Ram Sewak Rai objected, asking them not to do so, without having measurement done. Sabu Lal Rai-appellant No. 2, retorted stating he would do so. Both Sabu Lal Rai and Ram Sewak Rai started abusing each other. Musafir Rai-appellant No. 5 ran to his house, brought a spear saying that he would kill Ram Sewak Rai and assaulted him on his chest. Hearing the commotion other family members rushed when Binda Rai-appellant No. 3 came with a farsa and spear, handed over the farsa to Sabu Lal Rai-appellant No. 2. The other appellants also came variously armed. Shambhu Rai and Prabhu Rai-appellant Nos. 4 and 8 with lathi, Surendra Rai-appellant No. 7 with spear, Birnedra Rai-appellant No. 6 with spear, Lalan Rai-appellant No. 1 with farsa came near the Tat'. Lalan Rai-appellant No. 1 assaulted Ram Sewak Rai on his head with farsa, Binda Rai- appellant No. 3 assaulted him with spear. The others assaulted the family members Ram Chandra Rai and Yogendra Rai causing injuries. The informant PW 7 was assaulted by Sabu Lal Rai- appellant No. 2 with a farsa on the head and by Surnedra Rai-appellant No. 7 by a spear on his back. The informant's sister Laljhari Devi was assaulted by Prabhu Rai-appellant No. 8 with a lathi breaking her left arm. They tied up Ram Sewak Rai. Shabhu Rai-appellant No. 4 then assaulted him with lathi. The appellants are stated to have run any thereafter Ram Sewak Rai died on his way to the Sadar Hospital at Hajipur. The formal First Information Report was then drawn up on 8.11.1983 at 12.30 p.m. registered as Nayagaon PS Case No. 252 of 1983 marked as Ext. 1.