MADAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal by the sole appellant arises from judgment and order of the 2nd Additional Sessions Judge, Samastipur, in Sessions Trial No. 61/46 of 1980 convicting him under Section 302/34 of the Penal Code and awarding sentence of imprisonment for life.

(2.) THE prosecution was launched on the basis of the First Information Report lodged by Jai Nandan Tiwary, a machine khalasi of Jitwarpur Paper Mill. In his fardbayan made before Sub -Inspector Shambhu Shankar Prasad of Samastipur P.S. at 10.30 p.m. on 6.7.79 at the Sadar Hospital, Samastipur, he stated that he came to the Labour Union Office, called Mazdoor Sangh1. situated in the mill colony for doing his shift duty which was to begin from 10 p.m. that day. At about 8.35 p.m. when he was sitting on the Chabutara (platform) of the office erected on the varandah, deceased Suryadeo Rai was lying on the cot at the Sahan reading a newspaper and three other employees of the mill, namely. Ramchandra Thakur, Ram Karan Mahto and Parichhan Singh were also sitting on the verandah, four persons including the appellant came there, while the appellant had a pistol in his hand, others, namely, Arbind Kumar Yadav, and Rama Prasad Yadav @ Rama Rai had daggers. The fourth person, namely, Uma Shanker Rai was empty handed. The appellant then and there fired from his pistol on the chest of Suryadeo Rai. Arbind Kumar Yadav and Rama Rai holding out their daggers threatened the informant and others to remain silent, least they would also be done to death. Thereafter, they fled away in different directions. Suryadeo Rai stood up and raised alarm but staggered and fell down. The informant and others present there, mentioned above, also raised alarm, lndrasan Rai Sheonath, S.D. Tiwary and many others of the colony gathered there. Suryadeo Rai was placed on the cot. The informant tried to find some vehicle of the Mill but no vehicle was reportedly available. Thereafter, he and other employees of the Mill brought Suryadeo Rai to hospital on a cot where he was declared dead. The informant alleged that the occurrence was the result of dispute going on between the management and the Labour Union for several days over demands for employees' wages. He further alleged that the officers of the mill, namely, A.K. Rai, Personnel Officer, Niranjan Gupta, Purchase Officer and others had hatched a conspiracy and got the deceased, who was the Secretary of the Mazdoor Sangh, killed. The informant mentioned about the existence of a parallel Union called Sharamik Sangh. He alleged that estranged relationship existed between the employees owing allegience to the said two Unions.

(3.) AT the trial, the prosecution examined, apart from the informant (PW.5), the said Ram Parichhan Singh (PW 4), Ram Karan Mahto (P.W. 6), Ramchandra Thakur (PW 7), who were present at the place of occurrence and had seen the incident. The prosecution also examined Dr. Brahmanand Prasad (PW 1), who had held autopsy on the body of the deceased and the I.O., Bhupendra Prasad Singh (P.W 15) and the said Shambhu Shanker Prasad (P.W 16), who had recorded the fardbayan of the informant and also finally submitted the chargesheet. Besides them, the prosecution also examined certain formal witnesses, being PWs. 3, 8 to 14 and 17 to 22. It is not necessary to refer to them individually and state the role played by them either in course of investigation or trial. The accused persons did not examine any witness. At the conclusion of trial, the trial Court acquitted the other three accused, namely, Arbind Kumar Yadav, Ram Prasad Yadav @ Rama Rai and Uma Shanker Rai of the charge but convicted the appellant under Section 302/34 and awarded him the sentence of imprisonment for life, as stated at the outset.