AMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Amar Rai has been found guilty for an offence punishable under Section 307 IPC and sentenced to undergo RI for 10 years as well as to pay fine appertaining to Rs. 10,000/- in default thereof, to undergo SI for one year, additionally, while appellants, Shivjee Rai and Shailendra Rai have been found guilty for an offence punishable under Section 307/149 IPC and each one has been sentenced to undergo RI for 10 years as well as to pay fine appertaining to Rs. 10,000/- in default thereof, to undergo SI for one year, under Section 324 IPC and each one has been sentenced to undergo RI for three years, under Section 323 IPC, each one has been sentenced to undergo RI for one year with a direction to run the sentences concurrently, with a further direction to set off against the period having undergone during course of trial vide judgment of conviction dated 09.09.2016 and order of sentence dated 17.09.2016 passed by Sessions Judge, Sitamarhi in Sessions Trial No. 590/2009 arising out of Nanpur PS Case No. 127/2008.

(2.) Mahadev Rai (PW 4) filed a written report on 19.11.2008 to the effect that on the same day at about 10:00 AM, while he was sitting at his Darwaza, Shailendra Rai, Amar Rai, Shivjee Rai, Ranjit Rai armed with Garasa, Tangari and rod came and began to assault him. Amar Rai gave Garasa blow with an intention to cause murder over his head, whereupon, he sustained injury. Blood began to ooze out. His wife, Malti Devi, son, Lalu Rai and daughter, Ram Somari Devi came in rescue and during course thereof, Shailendra gave Tangari blow over head of his wife causing injury thereupon. Shivjee gave rod blow over his son, Lalu Rai, as a result of which, he also sustained injury over his head. During course thereof, they were joined by Uday Rai, Mangal Rai, Vijay Rai, Manohar Rai, Sri. Narayan Rai (since acquitted) armed with Lathi, Danda who also assaulted and then, they all made house trespass and took away a box containing ornaments, clothes and cash. Kusheshwar Sah, Ramjatan Paswan, Phulo Sah, Bahadur Sah and others have witnessed the occurrence. It has also been disclosed that on account of dispute over partition relating to fodder cutting machine as well as Tangari which are conjointly being used by all the concerned, this occurrence has been committed.

(3.) After registration of Nanpur PS Case No. 127/2008, investigation commenced and completed by way of submission of charge-sheet, facilitating the trial, meeting with the ultimate result, subject matter of the instant appeal.