KOKA RAI @ DINESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.08.2013, passed by Shri Gajendra Prasad, learned Adhoc Additional District and Sessions Judge -V, Hajipur in Sessions Trial No. 11/2008, by which the appellants had been convicted under Section 307/149 Indian Penal Code as well as under Section 342 Indian Penal Code and were sentenced to undergo Rigorous Imprisonment for a period of one year under Section 342 Indian Penal Code and further to pay a fine of Rs. 1,000/- each, in default thereof Simple Imprisonment of three months. Appellants had further been sentenced Rigorous Imprisonment of five years under Section 307/149 Indian Penal Code with fine of Rs. 2,000/- each, in default thereof Simple Imprisonment of six months. Both the sentences had been directed to run concurrently. Learned Trial Court had also directed that the above fines to be paid to the informant.

(2.) Prosecution case in short is that, P.W. - 4, Dharamnath Mahto, gave a fardbeyan on 11.06.2006 at 5.30. P.M. at Patna Medical College and Hospital (hereinafter referred to as "PMCH") before Sub-Inspector of Pirbahore police station that last night i.e. on 10.06.2006 at about 7 P.M., he had gone to attend the call of nature about 500 hundred yards away from his house, then co-villagers, namely, (i) Koka Rai @ Dinesh Rai (2) Singeshwar Rai, both sons of Budhu Rai (3) Ranjit Rai (4) Dhanjit Rai, both sons of Singheshwar Rai (5)Dippo Rai (6) Jai Narayan Rai, both sons of Saryug Rai and (7) Suraj Rai, son of late Ram Pragas Rai, surrounded him and started saying that this was the right opportunity and Koka Rai told him that he had taken money and he would return the same, thus as to why he used to insult him in front of society by asking for money, on which, Singeshwar Rai told that this is the right opportunity to kill him even nobody would know about his murder as "Barat" of son of Suraj Rai was proceeding. Further prosecution case is that Koka Rai assaulted the informant on his neck by means of Garasa in order to kill him, which caused cut injury on his neck. Singeshwar Rai assaulted him on head by means of Daabh from which the informant sustained cut injury, Ranjit Rai and Dhanjit Rai assaulted him on his neck by Hasuli and as he tried to save himself from the said assault, it caused injury of his left scapular region (Pakhura) of the informant. Further, Dippo Rai and Jai Narayan Rai saying that he is still alive, assaulted him indiscriminately by means of bhala on his back, right arm, waist and right hand. The accused-appellant Suraj Rai further told to kill him by cutting his neck.

(3.) The aforesaid fardbeyan was sent to Rajapakar police station, as the occurrence had taken place within the jurisdiction of the said police station, thereafter, Rajapakar P.S. Case No. 71/06 dated 17.06.2006 came to be registered under Section 147, 341, 342, 324 and 307 Indian Penal Code and the police after investigation submitted charge-sheet against the accused persons and as such, the case was committed to the Court of Sessions, which ultimately transferred to the Court of Sri Gajendra Kumar, learned Adhoc Additional District & Sessions Judge-V, Hajipur.