SHANKAR RAI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellant Shankar Rai of Criminal Appeal (DB) No. 575 of 2011 and Appellant Satish Sharma of Criminal Appeal (DB) No. 603 of 2011 have been convicted and sentenced to R.I. for life and fine of Rs.10,000/- each under Sections 302/34 I.P.C., in default of which rigorous imprisonment for another one year, by judgment dated 11.05.2011 and 12.05.2011 respectively passed by the Additional Sessions Judge, Fast Track Court No. 5th, Samastipur in Sessions Trial No. 203 of 2009.

(2.) The case of the Prosecution according to Sanjeev Kumar Rai (P.W.7) is that on 01.11.2008 at about 7 P.M. he and his brother-in-law Ashok Kumar Rai, the deceased, were going home. His brother Vinod Rai (P.W.6) and the uncle of the deceased Ashok Kumar Rai, namely, Ram Swarath Rai was following them on another motorcycle. When they reached near the house of Appellant Satish Sharma he asked them to stop the motorcycle. Accused Shiva Shah, the owner of Vikash brick kiln and his Clerk Tilkeshwar, Appellant Shankar Rai were standing with four motorcycles. They all surrounded them and on the orders of Shiva Shah Appellant Shankar Rai fired on the back of his brother-in-law Ashok Rai, due to which he fell down. The brother-in-law started screaming that he should run away and that Appellant Shankar Rai had shot at him. Just then the second motorcycle on which his brother P.W.6 Vinod Rai and uncle Ram Swarath Rai were boarded also reached. He disclosed to them about Appellant Shankar Rai having fired at the deceased.

(3.) The motive for the occurrence was that his brother-in-law had given some land for manufacturing bricks to accused Shiva Shah but there was some dispute over the same and hence the present occurrence. This information was given at the Sadar Hospital on the same day at 10 P.M.