RAM BHAWAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This appeal by the appellants is directed against the judgment and order or the 2nd Additional Sessions Judge, Vaishali at Hajipur dated 27th/30th August, 1994 in Sessions Trial No. 69 of 1992 whereby the learned Additional Sessions Judge has convicted the appellants and sentenced them as stated hereinafter. Appellant No. 1, Ram Bhawan Rai, has been found guilty of the offence under Section 302 I.P.C. and has been sentenced to undergo rigorous imprisonment for life on that count. He has also been found guilty of the offences under Sections 147 and 379, I.P.C. and has been sentenced to undergo one year rigorous imprisonment on each count. The remaining appellants have been convicted under Sections 302/149, I.P.C. and each of them has been sentenced to undergo rigorous imprisonment for life Appellant No. 2, Ram Sarekh Rai, has been convicted under Section 379, I.P.C. and has been sentenced to undergo one year rigorous imprisonment. Ram Sarekh Rai as well as remaining appellants 3 to 7 have been sentenced to undergo rigorous imprisonment for one year under Section 147, I.P.C. and rigorous imprisonment for six months under Section 323, I.P.C.

(2.) The case of the prosecution is that the occurrence took place between 4 -5 p.m. at village Rampur on 27.2.1991 in which the informant Radha Kishun Rai (deceased) as well as Udeshi Rai (not examined) and Shiva Chandra Rai, P.W. 5, were injured. Unfortunately, Radha Kishun Rai, who is informant of this case, died on the following day on account of head injury suffered by him. It is the prosecutions case that the appellants were armed with lathis and they used the said weapon to cause injuries to the injured.

(3.) It is not disputed that the injuries suffered by Udeshi Rai and Shiva Chandra Rai (P.W. 5) were simple in nature. It is also not disputed that the injury which resulted in death of Radha Kishun Rai was the lathi injury inflicted on his head which resulted in fracture of the right parietal bone.