PARMA RAI @ PERMA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against judgment of conviction and order of sentence, dated 28th July, 1989, passed by IVth Additional Sessions Judge, Arrah. In Sessions Trial No. 314 of 1983, by which all Severn appellants were convicted under Section 307 read with Section 149 and Section 353 of the India Penal Code and each of the them were sentenced to undergo rigorous imprisonment for five years and two years respectively, with this direction that both the sentences would run concurrently.

(2.) Prosecution case, as mentioned in the written report (Exhibit 4) of Albert Murmu, the then Circle Officer of Koilwar Block, is that on 6-8-1982 at about 1.00 p.m., he along with Shyam Nand Thakur (PW-7), Shyam Bahadur Singh. Anchal Ameen (PW-8) and Karamchari Prakash Narain Singh, along with armed Police went to village Gidha to remove encroachment of S. P. No.2869. Further case of the prosecution was that all the seven appellants were standing on the land in front of Gidha and under orders of Parma Rai, other appellants started assaulting Baleshwar Rai and others who had come there. The Circle Officer also heard the sound of firing and found Baleshwar Rai injured lying on the ground. In order to control the situation the, Circle Officer ordered for blank firing and, thereafter, the persons assembled there and the encroachers fled away, out of whom two persons were arrested by the police. It was also mentioned therein that in course of assault, Parma Rai set fire in his hut. The Circle Officer sent injured Baleshwar Rai to Koilwar Hospital and Parma Rai had also sustained injury.

(3.) On the basis of written report of the Circle Officer, Koilwar, P. S. Case No. 124 of 1982 was registered under Sections 147. 148, 149, 307, 326 and 324 of the Indian Penal Code and under Section 27 of the Arms Act and the Police, after due investigation, submitted charge-sheet against all the appellants, who, after cognizance and commitment, were put on trial and were sentenced, as aforesaid.