RAM BADAN RAI AND 4 OTHERS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed by five appellants against their conviction and sentences. Appellant no. 1 has been convicted under Sec. 304 Part II of the Indian Penal Code (for short 'the Penal Code') and has been sentenced to undergo rigorous imprisonment for eight years. He has further been convicted under Sec. 148 of the Penal Code and has been sentenced to undergo rigorous imprisonment for two years. The sentences have been ordered to run concurrently. Appellants no. 2 to 5 have been convicted under Sec. 304 Part II read with Sec. 149 of the Penal Code and have been sentenced to undergo rigorous imprisonment for five years each. They have further been convicted under Sec. 147 of the Penal Code and have been sentenced to undergo rigorous imprisonment for one year each. However, their sentences have been ordered to run concurrently. The prosecution case, in short, is that some unknown persons had committed theft of jack fruits from the tree of Ram Badan Rai ( appellant no. 1) in the night of 6th May, 1969 and he had suspected Ram Pravesh Rai (deceased) to have plucked the jack fruits. On 8.5.1969, at about 6 P.M. the deceased Ram Pravesh Rai was going from his village home to Dalmianagar where he was working in the factory. It is alleged that these appellants uttered that Ram Pravesh had plucked the jack fruits and, therefore, they would cut his head. Appellant no. 1 was armed with Farsa and rest of the appellants were armed with lathis. According to the prosecution case,. Ram Badan (appellant no. 1) ordered assault and the deceased fled inside his house. It is said that these appellants chased him. Further case of the prosecution is that the moment Ram Pravesh reached his Angan, Ram Badan (appellants no. 1) gave a Farsa blow on his head as a result of which he fell down there. The appellants thereafter came out of the house and also assaulted Garhan (P.W. 4) and Raghu Rai the informant (P.W. 3) with lathis.

(2.) All the three injured persons were removed to Nasriganj hospital, but as the condition of the deceased Ram Pravesh Rai was serious, he was later on removed to the Patna Medical College Hospital where he died on 10.5.1969.

(3.) On the same day, i.e. on 8.5.69 at about 9 P.M., the first information was recorded on the statement of Raghu Rai (P.W. 3). The investigation of the case proceeded and on completion of the investigation, charge -sheet was submitted against these appellants and after cognizance being taken, the case was committed to the court of session on 23.12.74 directing these appellants to stand their trial.