SHEOJEE RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 2nd February, 1989 passed by the 5th Additional Sessions Judge, Arrah in Sessions Trial No. 493/86 convicting and sentencing the appellants to undergo R.I. for a period of two years each under Section 324, I.P.C. The appellant Sheojee Rai has been further convicted and sentenced to undergo R.I. for two years under Section 27 of Arms Act and both the sentences passed against him have been ordered to run concurrently.

(2.) The prosecution case in short is that on 18 -3 -85 at about 8.30 a.m. Ram Nath Bind (P.W. 4) went to the house of the informant Sheonarain Rai (P.W. 5) and informed him that Ramashish Rai, his sons and others armed with bhala, garasa, etc. were uprooting the vegetable plants from the informant's land. On hearing this, the informant went to his field where he found the appellants along with others in his field. Appellant Sheojee Rai was carrying a country -made pistol, appellant Ram Sahay Rai was carrying a bhala and appellant Suraj Rai was carrying a garasa. The companions of the appellants were armed with country -made pistols, bhala, garasa, lathi, etc. The appellants Sheojee Rai, Ramsahay Rai, Arjun Rai including Ramjeet Rai and Bihari Rai were uprooting the vegetable plants from the field of informant while others were standing there. When the informant asked them not to do so and also told that he would get the matter settled through panchayati but appellants and their companions did not listen to him and started abusing him. On hearing the hulla, neighbouring witnesses, namely, Radha Rai (P.W. 3), Subash Rai (P.W. 1) and Lalit Rai (P.W. 2) came there and they also asked the appellants and their companions not to do so. This angered the appellants and their companions and co -accused Ramashish Rai ordered to kill the informant and his party on which the appellant Sheojee Rai fired from his pistol causing injuries to Lalit Rai (P.W. 2). Thereafter, all the members of the appellants and their companions who were carrying pistols opened fire from their pistols causing injuries to Subash Rai (P.W. 1) and Lalit Rai (P.W. 2). Radha Rai (P.W. 3) was assaulted by appellant Suraj Rai with garasa. The informant was repeatedly assaulted by accused Arjun Rai by garasa aiming at his head causing injuries to his both the hands. Appellant Ram Sahay Rai inflicted injuries to the right knee of informant with bhala, thereafter co -accused Chandradeo Rai gave a bhala blow to the informant causing injuries on the same place and appellant Suraj Rai assaulted him with garasa causing injuries on his head. The informant became unconscious and when he regained his consciousness he found himself in hospital where his fardbeyan (Ext. 2) was recorded by A.S.I. of Police B.B. Sharma(not examined) at 2.15 p.m. on 18 -3 -85. A formal F.I.R. (Ext. 3) was drawn. The other injured were also taken to Arrah Sadar Hospital where they were examined by Dr. M.K. Sinha (P.W. 6). After the investigation the police submitted charge -sheet against the appellants and against Dilip Rai, Chandradeo Rai, Ramashish Rai, Ram Sahay Rai, Ramjeet Rai, Lal Babu Rai, Ram Krit Rai, Arjun Rai, Bihari Rai and Hari Kishan Roy. During the trial Ramashish Rai died. Charges under Section 307, I.P.C. and 307/149, I.P.C. were framed against the appellants and other co -accused -persons and further charge under Section 27 of Arms Act against appellant Sheojee Rai and others were framed and the appellants along with other co -accused -persons were put on trial. After trial all the three appellants were found guilty under Section 324, I.P.C. and appellant Sheojee Rai was further found guilty under Section 27 of Arms Act. The appellants have been convicted and sentenced as indicated above. Other accused -persons who were tried with the appellants were not found guilty and they have been acquitted.

(3.) The case of appellants before the Court below, as it appears from the oral and documentary evidence adduced on their behalf as well as from the trend of cross -examination of prosecution witnesses, was that it was the prosecution party which at the time of occurrence had attacked on them and committed murder of their two persons Satya Rai and Sant Vilash Rai for which appellant Sheojee Rai filed Koelwar P.S. Case No. 52/85 against the informant and others and for this reason they have been falsely implicated in this case.