SHIVA BALAK RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the four appellants have been convicted under S. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. They have also been convicted under S. 147 of the Indian Penal Code, for which sentence of one year's rigorous imprisonment has been awarded to them. The sentences have been ordered to run concurrently.

(2.) Briefly stated the case of the prosecution is that the marriage ceremony of the son of Adalat Rai, the informant, was performed about a fortnight prior to the day of the occurrence, in which he had arranged a feast, which was attended by a large number of persons. However, some persons could not attend the feast on that occasion. So on 18-5-1977, he invited Aziz Mian (P. W. 2) and Sanaullah Mian, since the deceased, at his residence in village Charagaha Dhobia Tola, lying within Turkaulia Police Station in the district of East Champaran. Besides them, Ganesh Rai (P. W. 4) of village Jagiraho, was also invited to attend the feast. The invitees came at his house at about 9 p.m. Sanaullah Mian finished his meal and left the place while the other invitees were still taking their food. Only some time after his departure, the informant heard the alarm raised by Sanaullah Mian, who was crying for help. The informant rushed with a torch in his hand. When he reached near his field situated east of the house of accused Ram Chandra Rai, he found appellants Shiva Balak Rai, Jokhan Rai, Ramautar Rai and Dina Nath Rai assaulting Sanaullah Mian with lathi. Accused Ram Chandra Rai was armed with farsa, who was also assaulting him with its lathi portion. Sanaullah Mian was lying injured in the field. Aziz Mian (P. W. 2) and one Ram Lagan Sah also reached there. They asked the accused persons not to assault Sanaullah Mian, but threats were held out to them. The accused persons dragged Sanaullah Mian by his feet and took him at their Darwaja where he was assaulted with spade on his head. Adalat Rai (P. W. 5) reported the matter to the village Choukidar, who came with him and found the dead body of Sanaullah Mian lying at the Darwaja of accused Ram Chandra Rai. One Singhasan Baitha had executed a deed of conditional sale in favour of the deceased for a piece of land. The said land was purchased, subsequently, by accused Ram Chandra Rai from Singhasan Baitha, which gave rise to a dispute between the parties and this was alleged to be the motive for the occurrence. Adalat Rai (P. W. 5) went to Turkaulia Police Station on 19-5-1977 at 2 a.m. with his co-villager Hafiz Mian (P. W. 3) and lodged the first information report, on the basis of which the police registered a case and after investigation submitted charge-sheet. Accused Ram Chandra Rai died before commencement of the trial.

(3.) In support of the charges, the prosecution examined five witnesses. Besides the informant. P. W. 1 Ram Lagan Sah, P. W. 2 Aziz Mian, P. W. 3 Hafiz Mian and P. W. 4 Ganesh Rai figured as eye-witnesses of the occurrence. Four witnesses were examined on behalf of the appellants in the trial Court. D. W. 1 Balmukund Pandey proved the formal first information report (Ext. A) of Turkaulia Police Station Case No. 11(5)77 and another first information report of Turkaulia P. S. Case No. 5(7)78 and (Ext. A/2). D. W. 2 Panchanan Sarma, the Record Keeper of Collectorate, formally proved a report (Ext. B) regarding destruction of a case record. D. W. 3 Narendra Narayan Singh, Assistant Sub-Inepector of Police also formally proved a first information report (Ext. A/3). Satyadeo Thakur (D. W. 4) formally proved injury reports (Exts. C and C/1) of accused Ram Chandra Rai and Shiva Balak Rai.