RAM RAJEE RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants, Rasm Rajee Rai and Ram Balak Rai have preferred this appeal against the judgment and order dated 10th July, 2002 passed by learned Addl. Sessions Judge-I-F.T.C. Begusarai in Sessions Trial No. 178/85 whereby they have been convicted for offence punishable under sec. 302 I.P.C. and by order dated 11.7.2002, also under challenge, they have been awarded reigorous imprisonment for life.

(2.) The prosecution case, in brief is to the effect that on 23.1.1980 the informant, Ram Subhag Rai and his father Buni Lal Rai wanted to reconstruct a Pucca structure for a religious purpose (Gavhar Baba) and for that they started to get the foundation dug. This was objected by accused Uma Rai and Ram Balak Rai on the ground that their share had not been measured and left out. The foundation work was stopped on that date. On 24.1.1980 at about 2.00 P.M. in the noon the father of the informant came out of his house after taking his lunch. Accused Ram Rajee Rai called him and started abusing on the allegation that digging of foundation had been started without taking his permission. The informant was standing and watching from his Darwaja. His father offered to get the land measured but altercation continued. Appellant Ram Rajee Rai went to his Angan and came out with Bhala His brother accused Ram Balak Rai also came out with a Bhala along with accused Uma Rai with Farsa, Hemant Rai with lathi, Lohtan Rai with a brick and Kulej Rai with lathi. They assaulted the father of the informant on the passage on the east of house with Bhala and lathi due to which informant's father fell down and died. Allegedly accused appellants Ram Balak Rai and Ram Rajee Rai assaulted the deceased with Bhala on the left side chest portion. Accused Uma Rai also assaulted him with Farsa. When Ram Sagarath Rai (PW 7) an uncle of the informant and the informant (PW 8) went to intervene and save the father of the informant then Ram Sogarath Rai was assaulted by Uma Rai with Farsa and the informant was also assaulted by accused persons by Bhala and Lathi as well as by brick. On hulla people from the neighbourhood such as Ramadhar Yadav (PW 2), Ram Jugeshwar Yadav (PW 10), Upendra Yadav (PW 3) and some others came and saw the occurrence.

(3.) The fardbeyan of the informant Ram Subhag Rai was recorded by Sub-Inspector of Bachhwara P.S. Shri N. Tripathi on 24.1.1980 at 16.00 hours at State Dispensary, Bachhwara. On the same day the formal F.I.R. was drawn leading to Bachhwara P.S. Case No. 5(1)1980. According to the prosecution case the Investigating Officer went to the place of occurrence, prepared the inquest report, sent the dead body for post-mortem examination and after recording the statement of witnesses and completing investigation charge-sheet was submitted leading to sessions trial against five accused including these two appellants since they all pleaded not guilty to the charges. By the impugned judgment as noticed earlier the two appellants have been convicted and the other three accused tried with them for the offence under sec. 302/149 of the Indian Penal Code and some other minor offences have been acquitted because the trial court held that on the facts proved by the prosecution it is doubtful that they shared the common intention or caused any assault or injury.