LAL MOHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 20.3.1996 and order of sentence dated 23.5.1996 passed in Sessions Trial No. 115/94/38/94, whereby and whereunder the learned First Additional Sessions Judge, Dumka convicted and sentenced the appellants to undergo RI for life under Sections 302/149, IPC and appellants Lal Mohan Rai. Sahdeo Rai, Koka Rai @ America Rai and Badari Rai were further sentenced to undergo RI for two years for the offence under Section 148, IPC and other six appellants, namely, Bindu Rai @ Bhatku Rai, Bulu Rai @ Birbal Rai, Kashi Rai, Anil Rai, Nehru Rai and Dukhan Rai were sentenced to undergo RI for one year for the offence under Section 147, IPC but sentences were directed to run concurrent.

(2.) THE prosecution case in brief is that Prabhu Rai gave a fardbeyan on 15.11.1993 at 7.30 pm in Masalia Hospital before S.P. Singh, SI of Masalia PS in injured condition that on the same day at 10 a.m. Badri Rai, Koka Rai, Nehru Rai, Bhatku Rai @, Bulu Rai, Bindu Rai, Lalmohan Rai, Sahdeo Rai, Anil Rai, Kashi Rai, Dukhan Rai, Munna Rai, wife of Lalmohan Rai, wife of Gandadhar Rai, wife of Munsi Rai and 19 -12 unknown persons were cutting paddy crops of his field and were making bundles and taking the same to their evidence. Besides Hasuli for cutting paddy crops, they were armed with tangi, gandasa and with bow and arrow. They had kept weapons also and were cutting paddy crops and carrying the same in bundles. 10 -12 unknown persons, after leaving cutting of paddy crops, were looking rest in the bush of Rahar. In the meantime he and his brother Matru Rai, his father Mohan Rai, neighbour Chuddu Rai. Manish Kujju Rai, Jagdish Rai and Lalmohan Rai of village Dhawargaon came there and objected to their cutting paddy crops as those persons on 14.11.1993 had also cut paddy crops of his two fields and on that very day his father was not in the house and had gone to Dumka and when he returned from Dumka informant told about this occurrence and a decision was taken on 14.11.1993 to go to PS tomorrow but today also accused persons, armed with lethal weapons, started cutting paddy crops, then they asked them not to cut paddy crops but on their request not to cut paddy crops they started abusing them and were out to commit their murder on this very field and Badri Rai, Lal Mohan Rai, Sahdeo Rai, armed with tangi, Koka Rai armed with farsa and others armed with lathi rushed to commit murder and wanted to commit murder then these persons started fleeing away and appellants and others chased them and assaulted them. They assaulted Mohan Rai, villager Chuddu Rai and Manish Lal Mohan Rai, with tangi, farsa and lathi and they fell down on the ground. After falling on the ground, Mohan Rai, Chuddu Rai and Manish Lalmohan Rai were crying for water then his mother rushed with water but all of them rushed to assault his mother and after chasing her they assaulted with fists and slaps and threw the water on the ground and thereafter they assaulted these persons till their death and those persons, who have suffered least injury, fled away from there to save their lives. On the basis of this fardbeyan a case bearing Masalia PS Case No. 53/93 dated 15.11.1993 under Sections 147, 148, 149, 341, 323, 324, 325, 379, 307 and 302, IPC was registered and police after investigation submitted charge -sheet against the appellants. Cognizance in the case was taken and case was committed to the Court of Sessions and the learned trial Court after taking evidence both oral and documentary, came to a finding and convicted the appellants and sentenced them as aforesaid.

(3.) THE murder of Mohan Rai, Lal -mohan Rai and Chuddu Rai has not been denied by the defence and defence has come out with a story that prosecution side had hired some criminals for commission of murder of the persons of defence side and on arrival of those hired criminals, since no payment was made to them as agreed upon, they fell upon the members of prosecution party, who hired them and committed their murder. Admittedly there are three persons namely, Mohan Rai, Lal -mohan Rai and Chuddu Rai, who had been killed either by the appellants or by the persons hired by the members of the prosecution side. But, admittedly, these three persons were murdered.