BHIKARI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal against judgment and order of the 4th Additional Sessions Judge, Saran dated 30th January, 1986 in S.T. No. 123 of 1980 in which case these six appellants were placed on trial having been charged under Section 302/149 and some minor sections of the Indian Penal Code. Appellant Sudarshan Rai was charged under Section 302, IPC simplicitor for intentionally causing death of Asharfi Rai. The remaining five appellants were charged under Section 302/149, IPC for being members of unlawful assembly and in prosecution of common object Sudarshan Rai had committed murder of Asharfi Rai. Bhikari Rai and Ram Pukar Rai were also charged under Section 147, IPC. Appellant Dhanai Rai was further charged under Section 324, IPC for voluntarily causing hurt to Jeetlal Rai by means of bhala. Appellants Sudarshan Rai, Dhanai Rai, Sitaram Rai and Raghunath Rai were charged under Section 148, IPC. Learned Trial Judge on consideration of the evidence of eight witnesses produced by the prosecution held the charge under Section 302, IPC against appellant Sudarshan Rai well proved from the evidence on record.

(2.) The incident which led to the trial and conviction of the appellants happened on 14.9.1978 at 2.00 p.m. in village Dhanauti which is 12 kms. from Dariapur PS. in the district of Saran. The occurrence was reported at Dariapur P.S. on the same day at 6.30 p.m. by Deonandan Rai (PW 2), who is an agnate of the deceased Asharfi Rai.

(3.) According to the version of Deonandan Rai in his fardbeyan, one Tribeni Rai had cut one bundle of Masuria from his own field and was feeding his cattle at his Bathan at about 2 p.m. on the day of occurrence. Bhikari Rai suddenly appeared at the Bathan of Tribeni Rai and charged him that on instigation of Asharfi Rai, he has cut Masuria crop from the field of Bhikari Rai, which allegation was promptly refuted by Tribeni Rai saying that this was not the fact. He had cut the Masuria crop from his own field. Thereafter, Asharfi Rai and his nephew Jeetlal Rai, whose houses are close to the house and Bathan of Tribeni Rai as also the accused persons came there. Then followed altercation between Tribeni Rai, Asharfi Rai and Jeetlal Rai on the one hand and Bhikari Rai on the other. Bhikari Rai was still there when the remaining appellants arrived variously armed. All except Ram Pukar Rai were holding bhala. Ram Pukar Rai was having a lathi.