RANJAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) At an initial stage, trial proceeded against eight accused persons out of whom, Munilal Rai died and on account thereof, the proceeding dropped against him vide dtd. 24/7/2013. After conclusion of the trial, seven accused persons have been found guilty against which all of them filed instant memo of appeal. When the hearing was taken up, it has been reported at the end of the appellants that appellant no.1, Bacha Rai and appellant no.5, Tapesar Rai @ Tapeshwar Rai are dead whereupon a report was called for from the Superintendent of Police, East Champaran at Motihari who confirmed the same vide letter no.262/Legal dtd. 28/10/2018 whereupon, vide order dtd. 6/11/2018, this appeal has been allowed to abate concerning Bacha Rai as well as Tapesar Rai @ Tapeshwar Rai. That being so, instant appeal survives against remaining, namely, Rajnan Rai, Bhuwar Rai, Shukhdeo Rai @ Sukdeo Rai, Akhilesh Kumar @ Akhilesh Rai, Lal Babu Rai.

(2.) All the appellants have been found guilty for an offence punishable under Sec. 307/149 IPC and each one has been sentenced to undergo R.I. for five years, under Sec. 147 IPC and sentenced to undergo R.I. for one year while, appellant Bhuwar Rai has been independently found guilty for an offence punishable under Sec. 379 IPC and sentenced to undergo R.I. for two years while appellant Lal Babu Rai has been found guilty for an offence punishable under Sec. 109 of the IPC and sentenced to undergo R.I. for five years with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial be set off in accordance with Sec. 428 of the Cr.P.C. by the Additional Sessions Judge, FTC, East Champaran at Motihari vide judgment of conviction dtd. 5/2/2009, order of sentence dtd. 6/2/2009 in Sessions Trial No.192 of 1997/11 of 2007.

(3.) It has been submitted on behalf of appellants that from the record, it is evident that case has been compromised and on that very score, all the injured namely, Bijencra Singh (PW.2), Surendra Singh (PW.3), Kasturi Singh, informant, (PW.4) and Lal Pari Devi (PW.6) on recall have substantiated the same. From their evidences, it is also crystal clear that case and counter case having at the end of rival parties been compromised and the aforesaid witnesses who stood as an accused in counter case, have already been acquitted on the basis thereof. Further, it has been submitted that appellant Bacha Rai, since deceased was identified to be the assailant of PW.6, Lal Pari Devi by means of Farsa. It has been submitted that witnesses have categorically stated that it was free fight having no intention or knowledge at the end of the appellants during course of assault, to kill.