KRISHNA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals, which have been heard together, have arisen from Sessions Trial No. 133/83 on the file of IVth Additional Sessions Judge, Patna, who by its judgment dated 17th December, 1986 convicted all the eight accused persons under Section 302/34 Indian Penal Code and 307/34 Indian Penal Code and sentenced them to life imprisonment under Section 302/34 Indian Penal Code and 7 years imprisonment, under Section 307/34 Indian Penal Code. Two of the appellants, namely, Ram Babu Rai and Binda Rai were also convicted under Section 147 Indian Penal Code and sentenced to three years imprisonment and the remaining six appellants were convicted under Section 148 Indian Penal Code and sentenced to three years imprisonment.

(2.) On 14.4.1981 at about 2.00 P.M. Ram Bichar Rai son of Din Dayal Rai and Girjan Rai son of Hari Charan Rai of village Manas Nai Panapur P.S. Danapur in the District of Patna left the village for Nasriganj Satuani Mela, Girjan Rai was on cycle. Ram Bichar Rai and Girjan Rai proceeded ahead followed by Baidyanath Singh and Sanehi Singh for going to Nasriganj. They had to go to bank of river one behind Bata Shoe Factory, Digha. They wanted to cross the river, in the meantime they were surrounded by 8 -10 persons who spoke "they have come, kill both the Salas, they vex us very much." All the accused persons are alleged to have assaulted them with daggers and iron rods. Appellant Shivji Rai gave a dagger blow near the left side below the arm pit and back of Girjan Rai. Appellant Nandlal Rai assaulted him with iron rod. Appellant Ram Babu Rai gave dagger blow on the leg of the informant. The surrounded persons raised hulla, thereupon Baijnath Singh, Ram Shehi Singh, Dharamnath Rai and other co -villagers, who were also going to attend Satuani Mela arrived there and the accused persons filed away.

(3.) Baijnath Singh and Dharamnath Rai and others brought both the injured to Danapur Patna Main Road and from there they were brought in a Tempo to P.M.C.H. Patna. Both the injured were unconscious. Although Digha Police Station was near the place of occurrence, no information was given there by any body nor at the Denapur Police Station. There is also a hospital in Denapur but the injured were not taken there.