CHANDRADHAR RAI AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Deo Kumar Rai has been found guilty under Section 307 of the Indian Penal Code and has been sentenced to undergo R.I. for 7 years. He has further been found guilty under Section 27 of the Arms Act and has been sentenced to undergo R.I. for 3 years. It was ordered that both the sentences shall run concurrently. Appellants Chandradhar Rai and Jag NaRaian Singh have been found guilty under Section 307/34 of the Indian Penal Code and have been sentenced to undergo R.I. for 5 years.

(2.) The prosecution has been instituted by Kedar Singh, father of the injured Ramanand Singh and deceased Ram Jee Singh on 25.8.1993 at about 4:30 p.m. alleging therein that he alongwith his sons were uprooting the paddy seeds for the purposes of transplanting them, when the accused persons came armed with rifle, pistol and lathi and tried to stop them from uprooting the paddy seeds. It is said that the appellants began to abuse the informant and his sons and asked them to vacate the field as it belonged to them. The informant's son claimed that the land belonged to him and refused to leave the field. It is alleged that Deo Kumar Rai fired which hit Ram Jee Singh on the back, Chandradhar Rai and Jag Narain Singh inflicted lathi blows on Ramanand Singh. After the firing took place, the appellants fled away from the place of occurrence.

(3.) The case was registered under Section 302 of the Indian Penal Code and 27 of the Arms Act for the purposes of trial. The Trial Court has come to a conclusion that Section 302 of the Indian Penal Code or Section 304 part II of the Indian Penal Code would not be applicable in the facts of this case. This Court agrees with the reasoning of the Trial Court regarding this aspect of the matter which would be apparent from the discussions which follows.