BASISTH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Sessions Trial No. 361 of 1991 six persons were placed on trial for the offence punishable under Section 302/149, Indian Penal Code. Appellant Birendra Choubey was also charged under Section 307, Indian Penal Code and Section 27, Arms Act. Appellant Naga Rai was also charged under Section 27, Arms Act Learned Sessions Judge, Arrah by judgment pronounced on 7th January, 1994 convicted all the accused persons under Section 302/149, Indian Penal Code and sentenced them to life imprisonment.

(2.) In Criminal Appeal No. 13 of 1994, the appellants are Basisth Rai, Nandjee Rai and Ram Rup Tatwa. All of them are on bail. Appellant Ram Rup Tatwa died during the pendency of this appeal and this appeal, so far appellant is concerned stand abated. In Criminal Appeal No. 14 of 1994, Birendra Rai is the sole appellant. He is also on bail. In Criminal Appeal No. 25 of 1994, Naga Rai is the appellant, whose bail was refused by this Court. This appellant has remained in custody for about eight years. In Criminal Appeal No. 97 of 1994, appellant is Birendra Choubey, who is also on bail.

(3.) The case of the prosecution, in brief, is that in between the night of 3/9.3.1991 the house of Girishanand Rai in village Hatpokhar, which is at a distance of 6 kms. from Jagdishpur police station, was attacked by armed miscreants. Triveni Rai, young son of Girishanand Rai aged 21 years was shot dead in very presence of his father. Girishanand Rai, who was Assistant in Adult Education Department, had also received serious injuries. The other inmates of the house also witnesses the occurrence. The villagers arrived after the occurrence. Triveni Rai and Girishanand Rai were taken to Sadar Hospital, Arrah but Triveni Rai died on the way to hospital. Grishanand Rai, however, survived to narrate the occurrence.