RAJENDRA RAI @ RAJAN RAI Vs. DIGAMBAR RAI

JUDGEMENT

(1.) ALL the aforesaid four analogous appeals, preferred against one and same judgment of conviction and order of sentence dated 18.01.2003 passed by the 3rd Additional District and Sessions Judge, Dumka in Session Case no. 82/2000 as well as Sessions Case No. 593 of 2002 have been taken up together for convenience of the court. By the impugned judgment, all the five FIR named accused persons have been convicted and sentenced to undergo rigorous imprisonment for life under Sections 302/34 of I.P.C for commission of murder of one Congress Rai.

(2.) INFORMANT is the wife of the deceased, who has set law into motion by giving her fardbeyan before S.I of police S.K.Mitra, which was recorded on 01 -10 -1999 at 14.30 hours at place of occurrence ie near the house of accused Digambar. It is alleged that on 01.10.1999 at about 2.00 P.M. when the deceased, who used to work as mason, came back home from his work, his wife(informant) informed him that today i.e. on 01.10.1999, on the eve of Jitiya festival accused persons had caught fish from their joint pond and they distributed the same among themselves but did not give his share to her, on which informant and deceased went to the house of the accused Digambar Rai for demanding their share, upon which, the accused persons became furious and started assaulting the husband of informant having thrashed him on ground, whereupon informant raised alarm to save her husband and she was also assaulted. It is further alleged that one Rajendra Rai gave knife blow in the stomach of deceased as a result of which intestine came out from his stomach, meanwhile, Jitan Rai, Guggu Rai, Digamber Rai dealt sickles blows in the stomach of the deceased due to which deceased died instantaneously.

(3.) ON the aforesaid allegations, formal F.I.R. bearing No 50/99 against the five accused persons under Sections 302, 114 and 34 of the I.P.C. came to be registered. Investigation of which was taken by S.I S.K.Mitra (not produced during trial) which on its completion resulted into filing of charge -sheet against all the five accused persons, who were put to trial and they stand convicted and sentenced as per impugned order.