STATE OF BIHAR Vs. DHARAMNATH RAI

JUDGEMENT

(1.) This is an appeal against the judgment of acquittal under section 417 (1) of the Code of Criminal Procedure, 1898 the respondents eight in number having been acquitted of the charges under section 302 and 148, I.P.C. by the learned Additional District and Sessions Judge. Chapra.

(2.) The relevant facts of the case lie in a narrow compass. On 5.8.1967, the deceased Ram Dayali Prasad alias Deyali Rai was returning from Pojhi Bazar in the company of Bhagwat Rai (P. W. 2) and Satya Narain Rai (P. W. 6). There was a culvert on the kucha village road at some distance front the populated part of village Bankera, the residential village of the informant (P.W. 2) as also of seven of the respondents of this appeal. When the deceased and his two companions reached near the culvert at about 8 p.m the eight respondents, five of them, armed with daggers and three of them with bhsiss, suddenly emerged from under the said culvert and attacked the deceased Five of the respondents having daggers in their hands assaulted the deceased first as a result of which he fell down on the ground. Thereafter the three respondents armed with bhala are said to have also assaulted him. As a result of this assault, the deceased succumbed to his injuries at the place of occurrence itself;

(3.) The alarm raised by the informant (P.W. 2) and (P. W. 6) attracted certain persons. One Bharat Salmi (P. W. 3) also happened to be there at that time while returning from Pojhi Bazar after sale of fish. Under the directions of the informant as also Satya Narain Rai (P.W. 6), he informed the other family members of the deceased, namely, Nehali Rai (P. W. 7) and others, about the incident whereupon. (P. W. 7 and others also came to the place of occurrence. Since it was raining heavily, the dead body of the deceased was removed to his house in village Bankerwa from the place of occurrence.