SURESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of same impugned judgment and therefore they have been heard together and are being disposed by this common judgment. Out of six accused tried and convicted by the impugned judgment for the offence under Sec. 302/149 of the IPC and Sec. 3/4 of the Explosive Substance Act, five namely, Suresh Rai, Ram Pravesh Rai, Sjraj Ra., Brahmdeo Rai and Vinod Rai are appelants in Cr. Appeal No. 337/02 whereas accused, Nanhaku Rai @ Nanhak Rai is sole appellant in the other appeal.

(2.) FOR their conviction under Section 302/149 of the Indian Penal Code all the appellants have been sentenced to RI for life and no separate sentence has been awarded for the offence under Sec. 304 and 3/4 of the Explosive Substance Act.

(3.) MATERIALS on record disclosed that a counter case bearing no.41/2000 was also lodged by accused persons which was also investigated by the same I.O., PW -11. The said I.O. has also admitted in his cross -examination that he arrested accused Vinod Rai from Sadar Hospital, Bed No. 6. The I.O. claims to have seized certain articles from the place of occurrence shown to him by the informant which was an onion field of one Pyare Sao whose boundary has also been mentioned by the I.O. in his deposition. He claim to have received injury reports and postmortem report of Anandi Devi and submitted chargesheet against the accused persons which donot include the three female accused. No protest appears to have been filed by the prosecution and the reason for the same is evident from deposition of PW -9, Karu Rai who has deposed that both the parties have compromised their differences.