- (1.) Heard learned counsel for the appellants as well as learned APP for the State.
(2.) Appellant, Ram Kripal Rai has been convicted for an offence punishable under Sections 148, 323, 307, and 436 of the IPC and has been directed to undergo RI for two years, SI for six months, RI for five years respectively. Appellant, Ram Pravesh @ Pravesh Rai under Section 148, 323 and 307 IPC and has been directed to undergo RI for two years, SI for six months, RI for five years respectively while remaining appellants, Bechan Rai @ Ram Bahadur Rai, Kari Rai, Kamesh Rai @ Kamlesh Rai, Rajendra Rai, Kumar Rai @ Ram Kumar Rai, Mahendra Rai have been found guilty for an offence punishable under Sections 147, 323, 307/149 IPC and they each have been directed to undergo SI for six months, RI for five years respectively with a direction to run the sentences concurrently vide judgment of conviction dated 29.08.2002, sentence dated 31.08.2002 passed by Additional Sessions Judge (FTC No. 4), Sitamarhi in connection with Sessions Trial No. 124 of 1991/119/2002, hence this appeal.
(3.) Nagendra Rai (PW-4) recorded his Fard-e-beyan (Ext-1) on 05.10.90 at 1:00 p.m. alleging inter alia that on the same day at about 7:30 a.m., Bechan Rai was embedding peg in his land as well as Kari Rai and Bechan Rai were also engaged in cleaning the earth which was protested by his father and on account thereof, Kripali Rai, Kamesh Rai, Ram Pravesh Rai, Rajendra Rai, Kumar Rai, Mahendra Rai, all armed with Lathi, Bhala and Garasa came and surrounded him as well as his father and began to assault. They have also snatched away his wrist watch. Kripali Rai set ablazed the hut lying at Kharihan. Pravesh Rai gave stroke over forehead of his father with Garasa on account of which his father fell down. Then thereafter, all of them assaulted him as well as his father with Lathi. Kishori Rai (PW-1), Yogendra Rai (PW-2), Ram Sogarath Rai (PW-3) along with others have been cited as witnesses.;