RAJESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants with two others namely, Bishwanath Rai and Ramjee Rai were put on trial for charges under Section 436 read with Sec.34 I.P.C. for setting the house of the informant, Lalu Ram, on fire. By order dated 16th November 1992 passed by Sri Ram Nath, the then 1st Additional Sessions Judge, Rohtas at Sasaram passed in Sessions Trial No. 20/18 of 1986/89 arising out of Dehri (Ahorki Gola) P.S. Case No. 15 of 1980, whereas appellants Rajeshwar Rai and Shambhu Rai were found guilty under Section 435 read with Sec.34 I.RC. and each of them were sentenced to undergo rigorous imprisonment for one year, the remaining two, namely, Bishwanath Rai and Ramjee Rai were acquitted of the charges framed and discharged from the liabilities of their respective bail bonds.

(2.) THE prosecution case was set in motion when informant, Lalu Ram, (P.W. 3) submitted a written report on 8.6.1980 before the Officer Incharge Ahorki Gola Police Station stating, inter alia, that he resides in village Karkatpur for the past 25 - 30 years and on that day while he was constructing a hut towards the eastern side of his house, the four accused persons, as named in the First Information Report, arrived and told him to desist from constructing the hut but the informant did not stop. It is alleged that in the evening the very same accused persons again came to the P.O. and started abusing the informant and thereafter they set the new construction on fire and when the informant protested they assaulted him and tore his clothes. It is said that attracted by the commotion the neighbouring villagers as named in the First Information Report including his brother Goverdhan Ram and Lakhan Sah arrived and saw the occurrence. The informant claimed that the said land had been given to him as he was landless. On the basis of the said written report Ahorki Gola P.S. Case No. 15 of 1980 was registered under Sections 435 and 323/34 I.P.C. against the four F.I.R named accused. The police after due investigation submitted a charge sheet against all the four F.I.R. named accused under Sections 436, 323/34 I.P.O. and after commitment a charge only under Sec. 436 read with Sec.34 f.P.C, was framed against all the four accused to which they pleaded not guilty and claimed to be tried.

(3.) IN support of its case the prosecution examined 5 witnesses in all including a formal witness Hira Lal Prasad (P.W. 5) who came to prove the formal F.I.R (Ext.2) and the fardbeyan (Ext.3).