DIPLAL RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appeals have been taken up together as they have been preferred against the same impugned judgment of conviction and order of sentence dtd. 22/7/2019 and 24/7/2019 respectively, passed by learned Additional Sessions Judge-III, Siwan, in Sessions Case No. 23 of 2018 arising out of Basantpur P.S. Case No. 56 of 2017, whereby all three appellants have been found guilty for the offence punishable under Ss. 341/34 and 302/34 of the Indian Penal Code and all of them have been sentenced to undergo life imprisonment and to pay a fine of Rs.10,000.00 each under Sec. 302 of the Indian Penal Code and simple imprisonment for one month under Sec. 341 of the Indian Penal Code. Both the sentences have been directed to run concurrently. Learned Trial Court also recommended Siwan District Legal Services Authority to pay compensation to the victims of the crime, namely, Kunti Devi, Pratima Kumari and Sita Kumari as per Bihar Victim Compensation Scheme, 2014.

(2.) The prosecution case as emerging from the Fardbeyan as recorded by S.I. Abhijit Kumar, S.H.O. of Basantpur Police Sation on 11/2/2017 at 7:30 hours at Primary Health Centre, Basantpur is that at 6 O'clock on 11/2/2017 (Saturday), her daughters Pratima Kumari and Sita Kumari came to the house crying and informing that the appellants and Shiv Kumar have badly injured their father Dular Chandra Rai by knife. Thereafter, she went to the place of occurrence crying along with her daughters and saw that in the wheat field of Mangaldeo Rai, her husband was struggling (Chhatpatana) in injured condition and there was bleeding from the left side of his neck and eyebrow of right eye. She took her injured husband in vehicle with the help of the villagers to the Government Hospital, Basantpur, where he was declared dead. She came to know from her daughters and other persons that at 5:45 AM in the morning of 11/2/2017, her husband was returning after attending the call of nature when the accused persons surrounded him on account of dispute regarding attending call of nature and Shiv Kumar, Kisan Rai @ Krishna Rai and Anil Rai caught hold of her husband and Diplal Rai badly assaulted him by knife after taking it out from his pocket, with intent to kill him and consequently, he died on account of the injuries.

(3.) On the basis of the Fardbeyan of the informant, Basantpur P.S. Case No. 56 of 2017 was registered on 11/2/2017 against four named accused persons including the appellants herein for the offence punishable under Ss. 302/34 of Indian Penal Code.