BHIKHARI RAUT ALIAS BHIKHARI RAI Vs. SLATE OF BIHAR

JUDGEMENT

(1.) These appellants were tried in Sessions Trial No. 79 of 1978 by IInd Additional Sessions Judge, Motibari for an occurrence which allegedly took place on the night between 2 3rd and 24th of January, 1977 at yllage Goriganwa Jagir tola, P. S. Sugauli, district East Champaran in which it is said that the deceased. Ram Ji Raut was murdered and all the appellants have been found guilty under Section 302 read with Section 34, I. P. C. and convicted to undergo rigorous imprisonment for life. Appellants Bindeshwar Raut, Birja Raut, Adalat Sahani and Chandrika Raut have been also found guilty under Sections 302 and 148 of the I. P. C. ; but, no sentence have been passed under these the two heads. The remaining appellants have been also found guilty under Section 147 I. P. C. but, no separate sentence has been passed in against under Section.

(2.) The prosection case, in brief, is that on the alleged night of occurrence, deceased Ramji Raut was sleeping in his house with his children including Fulena Rai (P. W. 1) and his wife (P. W. 2); and his another son Shree Rai (P. W. 8) was sleeping in another room of the house. At about midnight these appellants along with some others entered into the room where the deceased was sleeping and Fulena Rai (P, W. 1) woke up on hearing the sound of their feet and the groaning sound of his father. Shree Rai (P. W. 8) also by that time woke up hearing the groaning sound of his father. The prosecution case further is that P. W. 1 (Fulena Rai) saw that the appellant Birja Raut and persons with him had tied the legs and hands of his father and were dragging his father (deceased) out of his room to the courtyard and from there to the Sahan. In the meantime Shree Rai (P. W. 8) also came out from him room, but, he was wrongfully confined by the appellants Bhikhari Raut and Chhabila Raut, who were armed with lathi and they threatended him to reamin silent and keep quite, otherwise he would be cut into pieces, and, therefore, he did not raise any alarm. The further case of the prosecution is that the appellant Bindeshwar Raut was armed with gun, one accused Jaigond Raut (now dead), appellants Birja Raut and Adalat Sahani and pharsa in their hands and that appellant Bindeshwar Raut fired two shots on the person of the deceased, as a result of which he sustained injuries on his face and abdomen ; and that appellant Adalat Sahani, appellant Birja Raut and accused Jaigovind Raut (now dead) assaulted the deceased with pharsa and the remaining accused persons assaulted him with lathi, as a result of which the decased Ramji Rai died then and there.

(3.) Fardeyan (Ext. 2) regarding the occurrence was recorded at 5 a.m. on the next day, i. e., on 24th of January, 1977 at the spot on the statement of Shree Rai (P. W. 8) on the basis of which formal F. I. R. was drawn and after usual investigation charge-sheet was submitted in the case and after commitment trial proceeded.