RAJ NATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three appeals, arising out of judgment of conviction and order of sentence by 6th Additional Sessions Judge, Arrah on 30th April, 1986, in Seasons Trial No. 116 of 1984, are being disposed of together by this judgment. Appellant Raj Nath Rai of Criminal Appeal No. 262 of 1986 and appellants Kamla Rai and Ram Bali Rai of Criminal Appeal No. 265 of 1986 and appellants Ram Ashan Rai and Chandrika Rai of Criminal Appeal No. 276 of 1986 were convicted under Section 302 of the Indian Penal Code, 1860 and appellant Hira Lal Rai of Criminal Appeal No. 276 of 1986 was convicted under Section 302/34 of the Indian Penal Code, 1860 and each of them were sentenced to undergo life imprisonment. All six appellants were further convicted under Section 148 of the Indian Penal Code and were convicted to undergo rigorous imprisonment for three years each and appellant Hira Lal was further convicted under Section 27 of the Arms Act and was sentenced to undergo rigorous imprisonment for three years further with direction that all sentences would run concurrently.

(2.) Briefly stated the case of prosecution, as disclosed from the fardbeyan (Ext. 2) of Ram Chandra Rai (P.W. 7) recorded at Narayanpur, the P.O. village, at 7.30 a.m. on 27.11.1983, was that on the same day at about 6.30 a.m. when the informant along with his brother Keshwar Rai (deceased) and Badri Rai (P.W. 6) were going towards his Atta Chakki Mill from his house and they reached near the house of Sheo Govind Rai, the informant sat to make water and while Badri Rai was left behind, Keshwar Rai proceeded ahead. Further case of prosecution was that all six appellants who were armed with lethal weapons, caught hold of Keshwar Rai on the road near the house of Sheo Govind Rai and they took Keshwar Rai, virtually dragging, to their house, where appellant Ram Nath Rai felled Keshwar Rai down and then Kamla Rai, Ram Bali Rai and Rajnath Rai started assaulting him on his neck by means of Fasuli and appellants Chandrika Rai and Ram Ashan Rai inflicted dagger blows in his abdomen and appellant Hira Lal Rai had pressed the legs of Keshwar Rai to facilitate the assault. The head of Keshwar Rai was severed with Fasuli and when Sheo Govind Rai tried to intervene, he was threatened. The informant claimed to have seen the entire occurrence along with his brother Badri Rai and other witnesses and further claimed to have raised alarm but they could not go ahead as Hira Lal Rai fired to scare them away. It was further claimed that on hulla, the A.S.I. of Jamalpur Police Out Post reached there with police force and then the assailants closed themselves inside the house which as surrounded by A.S.I, and the police force and dead body of Keshwar Rai remained in the northern room of veranda.

(3.) On the basis of the aforesaid fardbeyan, Koilwar P.S. Case No. 229 of 1983 was registered under Sections 148, 149, 302 and 342 of the Indian Penal Code and Section 27 of the Arms Act against these appellants and the police after due investigation, submitted charge-sheet against them and after cognizance and commitment, all these six appellants were put on trial and were convicted as aforesaid.