CHHABINATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) As these two appeals are directed against the common judgment of conviction and order of sentence passed by the 2nd Additional Sessions Judge, Arrah, in Sessions Trial No. 366 of 1982 and they have heard together, they are being disposed of by this common judgment.

(2.) In Cr. Appeal No. 46 of 1987 sole appellant Jagdish Singh, who has been convicted under Sections 302/148, I.P.C. and 27 of the Arms Act and has been sentenced to rigorous imprisonment for life. In Cr. Appeal No. 596/86, there are nine appellants who have been convicted under Sections 302/ 149, I.P.C. and have been sentenced to undergo rigorous imprisonment for life. The appellants Gupteshwar Nath Rai, Ram Sunder Singh, Raghunath Rai have further been convicted under Section 148, I.P.C. and sentenced to undergo rigorous imprisonment for two years. Appellant Chhabinath Rai, Gupteshwar Nath Rai and Raghunath Rai have; further been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years.

(3.) On the basis of the fardbeyan of one Ramashish Rai, Officer-in-charge, Dumraon P.S. instituted a case on 21-3-86 at 3 a.m. The Prosecution story in short is that in between 8 p.m. to 9 p.m. on 20-3-81 when the informant was sitting along with deceased brother Sudershan Rai at the door of their house all of a sudden, the F.I.R. named accused-persons came hurling abuses on them carrying lethal weapons like gun, rifle, Bhala, country-made gun, etc. Appellant Jagdish Singh was shouting that the score would be settled today. Having seen them, Sudershan proceeded towards the accused-persons requesting them not to indulge into violence whereupon the appellant Jagdish opened blank fire twice. He fired the third shot from his rifle hitting the deceased Sudershan Rai, as a result he fell down. The appellants fled away. The informant further alleged that he caught hold of appellant Jagdish and snatched away his rifle from which shots were fired. The said rifle was produced before the Police Officer while recording the fardbeyan. On hearing hulla, other villagers including Kamakhya Rai, Ranjit Singh, satyendra Narayan Singh, Murlidhar Saw, Ramdeni Singh came and saw the occurrence. The motive, as alleged by the informant, is that Bahadur Singh has a ration shop and on the preceding evening the informant had gone to his shop for sugar, which was not supplied to him. For non-supply of sugar informant made a protest by saying that he would make a complaint to the appropriate authority. One Ram Sunder Singh, who was sitting there, threatened the informant with dire consequences. After completion of the investigations charge-sheet was submitted and subsequently charge was framed under Sections 302/149, I.P.C., Appellant Jagdish Rai was charged under Sections 302 /148, I.P.C. and 27 Arms Act.