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PATNA HIGH COURT
I.P.Singh, J.
Ram Shresth Rai
Versus
State Of Bihar
Criminal Appeal No. 196 of 1990 ;
Decided On : AUGUST 20, 2001
Indian Penal Code - Conviction under Sections 307/149 - Summary of Acts and Sections: IPC Section 307, IPC Section 149 - The court altered the conviction of the appellants under Section 307/149 of the Indian Penal Code to Section 304/149 of the Indian Penal Code. The court found that the appellants, although not directly involved in firing, were members of an unlawful assembly and were variously armed, and thus liable to be punished under Section 304/149 of the Indian Penal Code.
Fact of the Case:
The appellants were convicted under Sections 307/149 of the Indian Penal Code for firing at the polling booth during an election for the Bihar Legislative Assembly. The prosecution alleged that the appellants, along with others, attempted to capture the booth and fired at the informant and other villagers when resisted. The injured persons were brought to the hospital, and the FIR was drawn based on the statement of the informant.
Finding of the Court:
The court found that the nature of injuries caused by the firing was simple and superficial, indicating that the appellants had no intention to kill the injured and the informant. The court concluded that the act of the appellants did not attract the offence punishable under Section 307 of the Indian Penal Code.
Issues: The issues included the intention of the appellants during the firing, the nature of injuries caused, and the liability of the appellants as members of an unlawful assembly.
Ratio Decidendi: The court held that the appellants, although not directly involved in firing, were members of an unlawful assembly and were variously armed, and thus liable to be punished under Section 304/149 of the Indian Penal Code. The court also considered the nature of injuries and the distance of firing with cartridges filled with pellets to determine the intention of the appellants.
Final Decision: The court altered the conviction of the appellants under Section 307/149 of the Indian Penal Code to Section 304/149 of the Indian Penal Code. The court also reduced the sentences of the appellants, with a fine imposed as compensation to the injured persons.
I.P.Singh, J.
1. The appellants Rajendra Rai, Bindeshar Rai and Ram Shresth Rai were convicted under Sections 307/149 of the Indian Penal Code and were sentenced to undergo RI for five years each. The appellants Ram Parichhan Rai, Ram Swarath Rai, Shambhu Rai, Bilash Rai and Ram Ahalad Rai were convicted under Sections 307/149 of IPC and were sentenced to undergo RI for ten years.
2. The prosecution case in short is that on 31.5.80, election for Bihar Legislative Assembly was held. The informant Ram Sewak Prasad was present at the polling booth of his village which was situated in Upper Primary School. The accused appellant Parichhan Rai, who was the local Mukhiya came with some of his associates and wanted to capture the booth for stamping votes in favour of his candidate. The informant and other villagers, however, resisted their attempt and frustrated their plan to capture the booth inspite of their persistent attempt and threat. It has been stated that at about 4 p.m. the said Mukhiya went away giving threatening to teach lesson to the informant and other villagers as they had not allowed him to capture the booth. After the polling was over the informant and other villagers stayed at the polling booth situated in village Sivraha Chaterbhuj for the smooth departure of the polling party. About 6 p.m. the appellant Ram Parichhan Rai case with a gang of 20-25 persons from the eastern side towards the polling booth. Among them the informant could identify Rajendra Rai, Bindeshar Rai, Ram Shresth Rai being armed with guns. He has identified Ram Swarath Rai, Ram Parichhan Rai, Shambhu Rai, Bilash Rai, Ram Ahalad Rai, Ram Dayal Rai and Lal Babu Rai (since deceased). It has been stated that the persons holding guns began to fire on the informant and the other villagers also indiscriminately as a result of which the informant, Ram Sewak Prasad (PW 18), Fida Hussain (PW 9), Krishn Nandan Pd. (PW 3), Jitan Paswan (PW 4), Dharichhan Paswan (PW 2) and Bindeshar Pd. (PW 12) were injured. After this occurrence, the accused appellants fled away. The injured persons were brought to the Sadar Hospital, Muzaffarpur on the same date where at about 1.5 hours fardbeyan of the informant injured was recorded by the Sub-Inspector of Police of Sadar P.S. On the basis of whose the FIR was drawn. The police started investigation and after completion of investigation charge-sheet was submitted against these appellants. Cognizance was taken and the case was committed to the Court of Sessions, who are subsequently the trial concluded and appellants were convicted hence this appeal.
3. The appellants pleaded not guilty and have stated that they have been falsely implicated due to previous enmity and village rivalry. The prosecution in support of his case examined altogether 20 witnesses.
4. PW 1 is Bishwanath Prasad. He is a formal witness. PW 2 is Dharichhan Paswan. He has been declared hostile. PW 3 is Krishn Nandan Prasad, PW 4 is Jitan Paswan, PW 5 is Surajdeo Prasad, PW 6 is Pramodanand Jha. He is also formal witness. PW 7 is Kishori Prasad, PW 8 is Ram Chandra Rai, PW 9 is Md. Fida Hussain.
PW 10 is Bishundeo Prasad, PW 11 is Ramkaran Thakur, PW 12 is Bindeshar Prasad, PW 13 is Ram Lakhan Paswan. He is a tender witness. PW 14 is Nathuni Bhagat, PW 15 is Ram Nandan Prasad, PW 16 is Saryug Prasad. He is a formal witness, PW 17 is Baiju Prasad. He is also a formal witness, PW 18 is Ram Sewak Prasad, the informant himself, PW 19 is Dr. A.K. Chaudhary. He has examined all the injured persons and PW 20 is a formal witness. He has proved the hand writing of the Investigating Officer Kamla Prasad, who had recorded the fardbeyan of the informant injured PW 13.
5. Defence has also examined one witness. DW 1, Dr. Uday Shankar Bhagat, out of 20 witnesses, PWs 5, 6, 16, 17 and 20 are formal witness who have proved certain documents. PWs 2, 3, 4, 9, 12 and 18 are persons were injured due to gun firing.
6. PW 18, the informant Ram Sewak Prasad has fully su
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