GANESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment dated 17-12-2002 of the 5th Additional Sessions Judge, Saran at Chapra passed in Sessions Trial No. 504/ 01/267/01 whereby each of the three appellants has been convicted under S. 364 of the Indian Penal Code and sentenced to undergo R.I. for ten years and a fine of Rs. 1000/- and in default of payment of fine to undergo R.I. for three months.

(2.) It has to be mentioned here that one accused, namely, Lalan Rai was also tried along with the appellants by the trial Court for the charge but he was acquitted and the appellants have been convicted and sentenced as above.

(3.) The prosecution commenced with the fardbeyan (Ext. 2) of the informant Vidhan Rai. The fardbeyan was recorded by the S.I. B. Kumar of Parsa P.S. on the statement of the informant on 25-8-1999 at 8 p.m. The informant stated that on 25-8-1999 at 5 p.m. while he (informant) along with his father Rameshwar Rai (victim) were sitting on chairs in his Dalian and while they were gossiping, the accused-Lallan Rai (acquitted by the trial Court) carrying a country made rifle came there. Behind him Awadesh Rai, Paras Rai (appellant) Doman Rai, Naresh Rai (appellant), Ganesh Rai (appellant), Budhan Rai, Chandi Rai, Harendra Rai, Khema Rai middle son of Harendra Rai whose name he did not know, all carrying country made pistol and rifles came there. Seeing the informant and his father Lallan Rai said "Maro Sale Ko" whereupon he (informant) and his father started fleeing away from there towards back of Dalan but Lallan Rai fired from his rifle which hit his father in the thigh and on receiving injury he fell down. After his falling down all the above accused persons caught hold of him and beating him and took away him towards village English. The' informant further stated that his neice Kiran Kumar (P.W. 1) and neighbours had witnessed the occurrence and they testified it about cause of occurrence. It was stated that about one year ago Chhabila Rai had been killed and in that murder he (informant) and his father (victim Rameshwar Rai) had been made F.I.R. named accused and that due to that grudge the accused persons committed the occurrence with a view to take retaliation and the accused persons kidnapped away his (informant's) father.