RAMESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted by the learned 2nd Additional Sessions Judge, Arrrah in Sessions Trial No. 309/92 for the offences U/S 302 and Section 323 of the Indian Penal Code, he has been sentenced to undergo rigorous imprisonment for life U/S 302 IPC and has also been sentenced to undergo rigorous imprisonment for one year U/S 323 IPC. Both the sentences have to run concurrently.

(2.) The prosecution case is based on the Fard-e-beyan of Kasi Nath Rai (PW8) , who alleged that on 18.04.1991, at about 6:00 A.M., towards the south of his house he along with his brother Paras Rai was cutting soil from the land of the State of Bihar. At this stage, the appellant Ramesh Rai and one Asarfi Rai (acquitted) came there. Asarfi Rai caught hold of his brother Paras Rai and Ramesh Rai started assaulting his brother with lathi on his right eye, ear and waist in order to kill him. His brother became unconscious and when he went to save his brother then the appellant assaulted him also with lathi as a result of which he got injury on his left hand. On Hulla villagers Ganesh Rai and Nagina Rai came and saved them. His brother Paras Rai was in unconscious condition and in course of investigation the injured Paras Rai died, therefore, the case which was initially registered as Arrah P.S. Case No. 86/91 U/S 307, 323, 341/34 IPC was converted into a case U/S 302/34 IPC and a charge sheet was submitted accordingly.

(3.) In this case altogether 11 witnesses have been examined on behalf of the prosecution. The material witnesses are Ganesh Rai (PW1) , who has stated that this appellant had given a Lathi blow on the right side of the head of the deceased Paras Rai. The statement of PW1 has been supported by Ram Nath Rai (PW2) , Nagina Yadav (PW4) and Sheo Bachan Yadav (PW5) .