KAMLESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Cr. Appeal (S.J.) No.220 of 2009, wherein Kamlesh Rai and Hiraman Rai are the appellants and Cr. Appeal (S.J.) No.792 of 2009, wherein Baldeo Ray is the appellant arise out from common judgment of conviction dtd. 29/1/2009 and order of sentence dtd. 3/2/2009 passed by the Additional Sessions Judge, Fast Track Court No.3rd, Buxar in Sessions Trial No.146 of 2007/ 28 of 2008, whereby and whereunder all the appellants have been found guilty for an offence punishable under Sec. 307/34 of the I.P.C. and sentenced to undergo R.I. for seven years, under Sec. 448 of the I.P.C. and sentenced to undergo R.I. for one year. Appellant Baldeo Ray has separately been found guilty for an offence punishable under Sec. 27 of the Arms Act and sentenced to undergo R.I. for three years with a further direction to run the sentences concurrently, on account thereof, have been heard together and are being disposed of by a common judgment.

(2.) In spite of repeated calls, none turned up on behalf of appellants in both the appeals on account thereof, Sri Baban Roy and Sri Ranbir Singh, learned counsels have been requested to assist the Court as an Amicus Curiae.

(3.) Bhikham Ram (PW-4) filed written report on 15/3/2006, disclosing therein that on the same day at about 6.00 P.M. while his son was sitting along with other family members in his courtyard, during midst thereof, his co-villager Baldeo Ray armed with pistol, Ram Deo Rai, Kamlesh Rai, Hiraman Rai intruded inside and then, all of them, besieged his son. On an order of Hiraman Rai, Baldeo Ray shot at, his son Nepali Rai causing injury over his person. Copious blood bled from the injury. During course of fleeing, Kamlesh Rai took away an attache containing cloths, ornaments, cash appertaining to Rs.20,000.00. On hue and cry raised at their behest, villagers came and at whose assistance, he took the injured Nepali Rai to the police station. Furthermore, it has also been disclosed that both the parties are on inimical term since before and that happens to be reason behind commission of the instant occurrence.