HARBANSH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these appellants have been convicted under Section 302/149 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for life. Appellants Chatur bhuj Rai and Ramdeo Rai have also been convicted under Section 147 of the Indian Fenal Code and each of them has been sentenced to undergo rigorous imprisonment for one year. The rest of the appellants have also been convicted Against the decision of Shri Nawal Kishore Prasad Sinha, Sessions Judge, Yaishali at Hajipur, dated 3-12-1982. under Section 148 of the Code and each of them has been sentenced to undergo imprisonment for two years. Both the sentences have been directed to run concurrently.

(2.) The prosecution case, in short, is that the informant (P. W. 1) Munni Rai owned and possessed survey plot No. 191 having an area of 3 bighas 2 kathas, in village Bishunpur Diara. 1 Bigha 15 kathas of this plot No. 191 falls in the patti commonly known as Tinrasia and 18 kathas of the said plot falls in the patti commonly called Dasrasia.

(3.) On the day of the occurrence, i.e., 21st June, 1972, at about 8 a.m. the deceased and his brother Munni Rai, the informant (P. W. 1) had gone to the aforesaid land, popularly known as Tinrasia. The deceased Gigal Rai was ploughing the land and the informant was weeding out grass. At that time all these appellants, variously armed, came there. Appellant Harbansh Rai asked the deceased to unyoke the bullocks and to stop ploughing. The deceased refused to oblige him. . This led to altercation between the deceased and appellant Harbansh Rai. Thereafter, appellant Harbansh Rai asked the members of the mob to assault the deceased on which appellant Sarjug Rai assaulted' the deceased with bhala on his chest. Appellant Gigal Rai assaulted the deceased on his chest with bhala and appellants Nathun Rai and Suresh Rai assaulted the deceased with bhala on his stomach. The deceased fell down and thereafter all the members of the mob started assaulting the deceased with their respective weapons with the result that the deceased died then and there. Arjun Rai (P. W. 2) and Dipa Rai (P. W. 7) went to save the deceased whereupon appellant Gigal Rai assaulted Dipa Rai wiih bhala on his back and appellant Chaturbhuj Rai assaulted him (Dipa Rai) with lathi on his buttock. Thereafter, the appellants fled away.