CHHUNA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the criminal appeals have been heard together and being disposed of by the common judgment and order as all the appellants have preferred appeals against the order of conviction and sentence recorded in Sessions Trial No. 85 of 1996 / 100 of 2006 arising out of Tariyani P.S. Case No. 16 of 1994 (G. R. No. 60 of 1994). [Originally there were 21 named accused persons in the First Information Report out of which one accused Chandeswar Rai, son of Jainandan Rai died during the course of investigation. The co-accused Dukhit Rai, son of Pyare Rai and Kishori Rai, son of Bishundayal Rai died during the course of sessions trial at the stage after recording their statements under Section 313 of the Cr.P.C and so the case abated against them. Rest 18 accused persons on trial convicted have preferred the appeals as aforesaid. However, during the pendency of the appeal, the appellants, Ram Snehi Rai and Ram Faresh Rai of Cr. Appeal (DB) No. 868 of 2007 died and hence appeal preferred by them held to have been abated by order dated 31.03.2011 passed in analogous appeals in Cr. Appeal (DB) Nos. 981 of 2007.]

(2.) APPELLANTS Binda Rai, Dharmendra Rai, Jitendra Rai, son of Ram Lagan Rai, Ramanand Mahto and Chunna Rai have been convicted under Section 302 of the Indian Penal Code for the alleged murder of deceased Buni Lal Rai and have been sentenced to undergo rigorous imprisonment for life. Accused Ram Binod Mahto @ Bittan Mahto, Ajablal Rai, Raj Kumar Rai, Ram Swarth Rai, Vishwanath Rai, Ram Lagan Rai, Shyam Nandan Rai, Mauje Rai, Kishore Rai, Jitendra Rai, son of Kishori Prasad Yadav, Raja Ram Rai have been convicted under Section 302/149 of the Indian Penal Code and have been sentence to undergo rigorous imprisonment for life and further Ram Binod Mahto, Ajablal Rai, Raj Kumar Rai, Ram Swarath Rai, Vishwanath Rai, Mauze Rai, Ram Lagan Rai, Binda Rai, Jitendra Rai, son of Kishori Prasad Rai, Dharmendra Rai, Ramanand Mahto, Chhuna Rai, Kishori Rai, Jitendra Rai, son of Ram Lagan Rai, Raja Ram Mahto have further been convicted under Section 148 of the Indian Penal Code and have been sentences to undergo rigorous imprisonment for two years and further Shyam Nandan Rai has been convicted under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. Accused Ram Binod Mahto, Ajablal Rai, Raj Kumar Rai, Jitendra Rai, son of Ram Lagan Rai, Raja Ram Mahto have been convicted under Section 307 of the Indian Penal code and sentenced to undergo rigorous imprisonment for seven years and further Ram Binod Mahto @ Bittan Mahato, Ajablal Rai, Raj Kumar Rai, Mauje Rai, Binda Rai, Jintendra Rai, son of Ram Lagan Rai, Ramanand Mahto and Chhuna Rai have been convicted under Section 27 of the <ACT>ARMS ACT, 1878</ACT> and have been sentenced to undergo rigorous imprisonment for three years and further appellants, namely, Ram Binod Rai, Bittan Rai, Ajablal Rai, Raj Kumar Rai, Snehi Rai, Ram Swarath Rai, Viswanath Rai, Ram Faresh Rai, Mauje Rai, Ram Lagan Rai, Binda Rai, Jitendra Rai, Son of Kishori Rai, Dharmendra Rai, Jitendra Rai, Son of Ram Lagan Rai, Ramanand Mahto, Rajaram Mahto, Chunna Rai and Kishor Rai convicted under Section 148 of the Indian Penal Code and appellant, namely, Shyamnandan Rai convicted under Section 147 of the Indian Penal Code and sentence to undergo rigorous imprisonment for two years and one year respectively. However, it has been ordered that sentences shall run concurrently.

(3.) THE further case of the prosecution is that the motive for the occurrence is land dispute between the deceased Bunilal Rai and accused Shyam Nandan Rai, Chhuna Rai and others and litigations are going on between the parties.