AWADHESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Awadhesh Rai has been convicted under Section 302 of the Penal Code and appellant Jai Kishun Rai has been convicted under Section 302 read with Section 34 of the Indian Penal Code and each of them has been sentenced to imprisonment for life.

(2.) The deceased in this case is one Ramji Rai and two other persons, namely, Parma Rai and Satyanarain Rai had received injuries. The appellants have been found guilty of assaulting Ramji Rai only by bhala and Pharsa. It is said that Awadhesh Rai struck Ramji with Bhala on his right Panjra and Jaikishun Rai gave a Pharsa blow on his head. Originally there were six accused persons, four of whom have been acquitted, because tht assault by other accused persons, as alleged by the prosecution, was not proved beyond reasonable doubt.

(3.) It may be stated here that the prosecution party and the accused persons belong to the same village Tarwan P. S. Mirganj, district Gopalganj. Accused Narsingh Rai and deceased Ramji Rai had their Baithaka in front of each other. Rajendra Rai P.W. 1 and appellant Awadhesh Rai both were students of Gopeshwar College, Hathwa. On 21-8-72, at about 1 p.m. Rajendra Rai had gone to Gopalganj to attend his class. While he was sitting near the college all alone appellant Awadhesh and his associate Uma Shanker went to the Mandir and in the way appellant Awadhesh Rai accused Rajendra Rai P.W. 1 and told him that he had learnt that P.W. 1 had arranged a man for Rs. 50/- for killing him. Both appellant Awadhesh and his associate Uma Shankar tried to assault Rajendra. On this Rajendra fled away on his cycle towards his house and related the occurrence to accused Narsing Rai. At about 5 p. m deceased Ramji questioned accused Narsingh Rai as to why such an occurrence was happening and also as to why his son tried to assault his son (Rajendra Rai). This led to exchange of hot words. At that moment P. Ws. 1, 4 and 6 reached the spot. Appellants Awadhesh and Jai Kishun and other accused persons were sitting in the Baithka of Narsingh Rai from before. Appellant Awadhesh Rai and accused Chandrama Rai had Bhala while Jaikishun Rai had Pharsa and others had Lathi. Awadhesh, it is said, came forward in the Sahan and inflicted Bhala blow on this right Panjra of Ramji Rai on which he fell down. Thereafter appellant Jaikishun Raj gave a Phalsa blow on the head of Ramji Rai causing considerabk bleeding. Then other accused persons assaulted Satyanarain Rai and Parma Rai were then taken to Hathwa Hospital and the accused persons fled away.