SHAMBHU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these appellants have been convicted under Section 396 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for ten years.

(2.) Manraj Rai (P. W. 4) has two daughters who were to be married in the in the year 1982. To meet the expenses of their marriage he had executed a mortgage deed in respect of 6 Kathas of his land for Rs. 2500/-in favour of Jagdish Rai (P.W. 1). The mortage deed was registered but on the day of registration the mortgage amount was not paid. In the evening of 4th May, 1982, P. W. 4 alongwith his son Dewanand Rai (the deceased) went to the house of Jagdish Rai (P.W. 1) to bring the money. P. W. 1 gave them Rs. 2392/-which was kept by the deceased in his waist. At about 8 P. M. in the same night P. W. 4 and his deceased son left the house of Jagdish Rai for their home. When they reached near the house of one Parma Thakur, these appellants armed with lathi, bhala and farsa surrounded them. Seeing this wowkward situation, P. W. 4 and his deceased son ran towards east raising alarm. When they reached in the field of Nathuni Singh the appellants started assaulting Dewanand. Rajaram Rai (already dead) gave three bhala blows on the deceased. Appellant Siaram Rai assaulted Dewanand with farsa, and chhuri while other appellants also assaulted him with farsa lathi and bhala appellant Siaram assaulted Manraj Rai (P. W. 4) with farsa and knife and others also assaulted him with bhala, farsa and lathi. Dewanand fell down and then Rajaram Rai pressed his neck and thereafter took out the aforesaid money from his waist. P. W. 2 came and fell down on the body of Dewanand to save him but she also was assaulted. Mona (P. W. 3) also fell on him to save him and she was also assaulted by the appellants. Dewanand died then and there P. W. 4 was then taken to his and next morning he was taken to Chapra hospital.

(3.) During the relevant period P. W. 9 was the officer incharge of Khaira outpost. On 5th May, 1982 at about 10-30 A. M. When he came to Khudaibagh, he learnt about some serious occurrence and then he went to village Takia where the occurrence had taken place. P. W. 9 recorded the statement.of P. W. 2 which is Exhibit 1, on the basis of which a formal first information report was subsequently drawn up. P. W. 9 took up the investigation. He found injuries on P. W. s. 2 and 3 and sent them to Chapra hospital for medical examination ; held inquest over the dead body of Dewanand, prepared inquest reportand after completing investigation, submitted chargesheet against these appellants and one Rajaram Rai who were ultimately put on trial. It appears that accused Rajaram Rai died before the trial commenced.