RAM SINGAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) RAI and Cr. Appeal No. 341 of 2006 of Ram Singar RAI and Paras RAI have been taken up together because both the cases have been arisen out of common judgment dated 23rd of March, 2006 and sentencedated 27th of March, 2006 passed in Sessions Trial No.37 of 2002 by First Additional Sessions Judge, Saranat Chapra whereby appellant Bishwa Nath RAI wasfound guilty under Section 302 of the Indian PenalCode and 27 of the Arms Act and other appellants RamSingar RAI and Paras RAI were found guilty underSection 302/34 of the Indian Penal Code. Theappellant Bishwa Nath RAI was sentenced to undergoR.I. for life under section 302 I.P.C. and to undergo R.I.for three years under Section 27 of the Arms Act. Theappellants Ram Singar RAI and Paras RAI weresentenced to undergo R.I. for life for offence undersection 302/34 I.P.C.

(2.) THE prosecution case relates to anoccurrence of the night on 4th June, 2000 at 11:30 P.M. At the relevant time, the informant father-in-law Ramdeo Rai, son of not known (deceased) wassleeping outside the house on a cot. At that time alantern was giving light. THE informant was sleepingnearby on a cot. THE informant's son Mangal PrasadYadav came and went to his bed for sleeping.Informant daughter-in-law Lilawati Devi wife of WakilRai (not examined) was also there. At about 11:30 P.M.the appellant Bishwanath Rai armed with country made pistol and the other appellants namely Paras Raiand Ram Singar Rai armed with Farsa came near thecot. As soon as accused persons came, the appellantBishwanath Rai fired from the pistol on the RamdeoRai, father-in-law of the informant which caused injuryon his chest and he died instantly. THE accusedpersons thereafter started leaving but after hearingfiring sound, the villagers Kunkun Rai, Ramayan Raiand others came there and they identified accusedpersons in torch light while they were escaping. Landdispute was said to be the reason for this occurrence.

(3.) IN order to prove the case, theprosecution has examined 9 witnesses. They areP.W.1, Hemu Rai, son of the deceased, P.W. 2,Rameshwar Rai, P.W. 3, Maheshwar Prasad, P.W. 4,Dr. Shaligram Bishwakarma, P.W. 5, KameshwarPrasad, P.W. 6, Wakil Rai(son of the informant), P.W. 7,Mangal Rai, P.W.8, Radha Rai(informant) and P.W. 9,Harihar Prasad Singh(INvestigating Officer). Ext. 1 ispostmortem report, Ext. 2 is fardbeyan and Ext. 3 is formal F.I.R.