BAIDYANATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT no.1, Baidyanath Rai has been convicted under section 307 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for five years. The appellant nos.2 and 3, namely, Jangalu Rai and Prabhu Rai have been convicted under sec. 323 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two months.

(2.) THE prosecution case, in brief, is that on 9.8.1983 at about 6.30 A.M., the informant, Baleshwar Singh (since dead) was coming back to his house after easing in the Rahar field. It has been alleged that while he was coming all the accused persons surrounded and accused Ram Prasad Rai ordered other co -accused to kill the informant and upon which the accused, Baidyanath Rai inflicted dagger blow on the chest of the informant. He gave another Chura below on his neck which caused injury on his shoulder. It has been further alleged that the accused again inflicted dagger blow on the stomach of the informant but he warded it off by his hand, so he sustained bleeding injury on his hand. The other accused assaulted the informant by fists, slaps and legs. The witnesses came and intervened as a result thereof the life of the informant could be saved. It has been further alleged that the condition of the informant was precarious and so he was taken to Hajipur in a Jeep where he was medically treated. The police concerned had been informed about the occurrence but he did not turn up to record the Fardbeyan of the informant, hence the complaint petition was lodged in the court of the Chief Judicial Magistrate against the accused persons. The aforesaid complaint was sent to the Officer Incharge, Desari police station to register a case and on the basis of which a formal F.I.R. was drawn. The police started investigation and after completion of investigation charge sheet was submitted. Accordingly, the cognizance was taken and the case was committed to the court of session for trial.

(3.) THE prosecution in support of its case has examined altogether six witnesses. P.W.1, Satyabrat Singh and P.W.2, Ram Bachan Singh have claimed to be the eye witnesses to the occurrence. P. W.3, Jaddu Paswan, has been declared hostile. P.W.4 is Doctor Shailendra Kumar Rakesh. P.W.5, Brajnandan Singh is the I.O. of this case. P.W. 6 Lalan Kumar Singh is a formal witness who has proved Exts. 4/1 to 4/5 which are various signatures. He has also proved Ext.5, the complaint petition. He has also proved the Vakalatnama (Ext. 6).