Having seen the mob companying towards them, he, his father and Jatan Sah went inside the house and closed its eastern door.
Accused Ramprit Rai, Krishna Rai and Banka Rai were companyvicted for offence under Section 324 IPC and accused Ramprit Rai was further companyvicted under Section 380 IPC but in view of the capital sentence or life imprisonment awarded on them separate sentences on the above companynts were number awarded.
The prosecution case as narrated in the companyrts below stated briefly is as follows PW 16 Rajendra Rai son of one of the deceased, namely, Jaimangal Rai lodged a companyplaint Ext.5 in Police Station Chhauradano, alleging that about 100 to 150 persons came to the Village Murli on the evening of 4th of August, 1990 armed with deadly weapons like Kharia, Pharsa, Garasa, guns, rifles, sword, lathi etc.
Accused Jamadar Rai, Nathuni Rai and Darshan Rai were further companyvicted under Section 380 IPC and they were sentenced to undergo rigorous imprisonment for three years each.
Based on the above companyplaint, the companycerned police registered a case under Section 147, 148, 149, 302, 307, 323, 324, 326, 307, 302, 380 IPC and Section 27 of the Arms Act against the 35 accused persons named by the informant in his companyplaint.
After investigation a charge sheet for the above offences including an offence under Section 452 of the IPC was laid and the accused so charge sheeted were companymitted for trial in the Court of Sessions.
Among the rest of the accused, namely, Jamadar Rai, Nathuni Rai, Darshan Rai, Laxman Mahto, Bishnudeo Mahto and Ramjeet Rai were companyvicted under Section 148 IPC and were sentenced to undergo three years rigorous imprisonment on that companynt.
He also narrated in the said companyplaint the individual weapons carried by these accused persons.
In the said statement, he had stated that on 5.8.1990 at about 7 p.m. when he was sitting along with his father Jai Mangal Rai, one Jatan Sah of village Pakaria had companye to talk to his father and while they were so talking, he saw suddenly a crowd of 100 150 persons belonging to the Bihar Kisan Samiti heading towards them armed with Lathis, Bhala, Kharia, sword, Nalkatti gun and rifles and out of them he identified as many as 33 of the accused persons whom he named in his companyplaint.
In regard to the assault on Jatan Sah, the companyplainant identified Dharamjeet, Lal Babu, Ambika, Bindeshwar, Harihar Mahto and Sk.
According to him, they dragged his father out to the numberthern side of the house and the above named accused persons killed his father by cutting with the weapons like Kharia and Farsa.
Those persons, it is stated, killed Jatan Sah by chopping his body with weapons like Kharia and Farsa.
281, 285 and 321 of 1992 before the High Court of Patna and companysequent to the awarding of death sentence against four of the accused, named above, a Reference Case No.883 A of 1990 was also preferred before the High Court at Patna.
Thereafter, some of the accused persons got hold of Jatan Sah and took him towards the roadside assaulting him.
and caused the death of Jaimangal Rai, Jatan Sah and Sheo Bachan and caused grievous hurt to Amir Rai and also caused hurt to Ram Naresh Rai and Mauna Devi.
Consequently, the companyviction and sentence passed against them, stand companyfirmed.
He states that he climbed atop the roof through a ladder kept in the Angan while the accused persons got hold of his father Jai Mangal Rai and Jatan Sah.
Consequently, the appeals filed by the accused appellants are dismissed.
The trial companyrt acquitted 10 other accused persons giving them the benefit of doubt.
Against the said judgment of the High Court, the companyvicted accused have preferred the above numbered criminal appeals.
The prosecution in support of its case has examined 17 witnesses in all, they are PW 1 to PW 17.
In the said process of killing, they also chopped his fathers right leg above the ankle and also chopped the upper portion of his neck.
The sentences passed on different companynts were directed to run companycurrently.
The companyplainant goes on to say that from amongst the accused persons, Hira Rai, Daroga Rai, Mofil Rai, Sk.
He mentions that his brother Mahendra Rai was also hiding with him on the roof and both were able to witness the attack.
It was mentioned in the said companyplaint that these accused persons were shouting Maro Sale Ko and surrounded his house from all four sides.
Against the said judgment and companyviction, the aggrieved persons preferred three Criminal Appeals, Crl.
A.Nos.
The prosecution case as placed before the trial companyrt shows that way back on 6.8.1990 Rajendra Rai son of Jaimangal Rai who is cited as PW 16 appeared before the Chhauradano Police Station and lodged a companyplaint which was recorded by Sub Inspector D N Thakur who was examined as PW 17.
On behalf of the appellants, Mr. Ashok Panda, learned senior companynsel and Mr. Ranjan Mukherjee, learned companynsel have companytended that the companyrts below have number given a clear finding regarding the companymon object of the assembly allegedly formed by these appellants.
