TRIPURARI RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the Appeals aforesaid three appellants were convicted and sentenced in a common trial in Sessions Trial No. 1 of 2008 and as such both the Appeals were taken up together and are being disposed of by this common judgment.

(2.) Tripurari Raut, sole appellant in Cr. Appeal ( D.B.) No. 994 of 2008 by judgment dated: 03.07.2008 was convicted for commission of offence under Section 302 and 307 of the Indian Penal Code , 1860 [ hereinafter referred to as the "I.P.C."] and Section 27 of the Arms Act. Remaining two appellants, namelyGorakh Raut @ Gorakhnath Raut and Satyendra Raut in Cr. Appeal ( D.B.) No. 955 of 2008 by the same judgment were convicted for offence under Section 302 /34, 307/ 34 of the I.P.C. By order dated - 08.07.2008 appellant /Tripurari Raut under Section 302 of the I.P.C. was sentenced to under go rigorous imprisonment for life and to pay a fine of Rs. 25000/-. In case of default in payment of fine he was directed to further undergo rigorous imprisonment for three months. Under Section 27 of the Arms Act he was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/- . In case of default in payment of fine he was directed to further undergo rigorous imprisonment for one month. Under Section 307 of the I.P.C. he has been directed to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5000/-. In case of default in payment of fine he was directed to further undergo rigorous imprisonment for one month. Appellant / Gorakh Raut and Satyendra Raut in Cr. Appeal (DB) No. 955 of 2008 by the same order i.e. order dated 08.07.2008 were sentenced to undergo rigorous imprisonment for life under Section 302/34 of the I.P.C. and to pay fine of Rs. 25000/- each. In case of default in payment of fine they were directed to further undergo rigorous imprisonment for three months. Under Section 307 / 34 of the I.P.C. both were sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5000/- each. In case of default in payment of fine they were directed to further undergo rigorous imprisonment for one month. The appellants were convicted and sentenced by Sri Radha Krishna, learned Sessions Judge, Nalanda, Biharsharif ( hereinafter referred to as the "trial judge') in Sessions Trial No. 1 of 2008 ( arising out of Rahui P.S. Case No. 69 of 2007).

(3.) Short fact of the case is that on 26.04.2007 at 16.20 Hours [ 4.20 P.M.] Sub Inspector of Police Sri Anil Kumar P.W. 8 of Rahui Police Station recorded fardbyan of Chandradeep Ravidas / P.W. 3, son of- Amrik Ravidas and resident of village Mohiuddinpur, P.S. Rahui, District - Nalanda. The said fardbyan was recorded near the door of Gorakh Raut/ appellant no. 1 in Cr. Appeal ( D.B. ) No. 955 of 2008 just near the dead body of Ravikant Kumar Pandey @ Rinku Pandey. In the fardbyan the informant stated that about 10-11 days back Satyendra Raut / appellant no. 2 in Cr. Appeal ( DB ) No. 955 of 2008 , S/o - Gorakh Raut [ appellant no. 1 in Cr. Appeal ( D.B. ) No. 955 of 2008] on the eve of marriage of his younger brother - Tripurari Raut [ appellant in Cr. Appeal (DB ) No. 994 of 2008 ] had booked his band party after executing [1] ( agreement ) for an amount of Rs. 2551/-. Out of the said agreement amount, Rs. 500/- was received as an advance. On 26.04.2007 the informant with his "Banjo Party" as per [1] [ agreement ] visited the house of Gorakh Raut Village Mai, P.S. Rahui at about 3.15 P.M. In the said "Banjo Party" along with informant, Pradeep Ravidas / P.W. 4, Nitish Ravidas { not examined}, Ramprit Ravidas ( P.W. 6), Chintu Bind ( P.W. 5), Sudhir Ravidas ( not examined ) and deceased - Ravikant @ Rinku Pandey were members. He stated that deceased Ravikant @ Rinku Pandey was used to play "Banjo". It was stated that as soon as they reached with the said "Banjo Party" he was enquired by Satyendra Raut [ appellant ] as to why they had come at belated stage whereupon it was replied by the informant that only 15 minutes delay had occurred. Thereafter Gorakh Raut, Satyendra Raut [ appellants ], Ajit Raut and Tripurari Raut ( appellant ) started abusing them and Satyendra Raut asked them to remain stayed there since he was going to perform [2] [ one of the rituals]. About 3.40 P.M. all the aforesaid accused persons returned back after performing the said rites and all of them again started abusing and were to start assaulting him. Then deceased Ravikant @ Rinku Pandey told that it was late only for about 15 minutes and requested him to allow to play music. In the meanwhile Tripurari Raut entered inside house and carrying pistol came out and fired one shot in air. The informant became frightened and then deceased Ravikant @ Rinku Pandey requested not to fire and he asked as to whether they would be killed. Thereafter Satyendra Raut exhorted and using filthy language said to kill, then Tripurari Raut from his pistol which he was carrying in his hand fired on the left cheek of the deceased from close range whereupon Ravikant Pandey fell down and died. He further stated that one son of Naresh Yadav had also received injuries. The said fardbyan was read over to him and after finding it correct the informant put his signature. As a witness to the fardbyan one Sudhir Ravidas [ not examined ] also signed.