Amerika Rai & Ors vs State Of Bihar

2), Mithilesh Rai (original accused No. 4), Sanjay Rai (original accused No.

2. The prosecution story is in the short conspectus. This is a cruel murder of a young bridegroom Shankar Rai who was married only a day before. He was put to death virtually without any reason. As per the prosecution story, his marriage was held at village Ishupur, Police Station Lalganj, District Vaishali. All the accused persons appear to be either relations or neighbours of deceased Shankar Rai. They all had joined the bridegroom party and were present at the time of marriage. It is alleged 3 that at the time of function of "Dwarpuja", there was some altercation in between the members of bride party on one side and bridegroom's on the other. It is alleged that the brother of the informant Dineshwar Rai was assaulted by the members of the bride party and in retaliation, the informant also attacked some members of the bride side. Further, when one of the accused persons Sanjay Rai (A-5) was going back to Janmasa (the place where the bridegroom's party stays during the marriage), he was assaulted by some boys of the village. However, the marriage was solemnized. The party of the bridegroom returned to their village alongwith bride, and alongwith them, the brother-in-law of the bride accompanied as per the custom. On the next day, at about 11'o clock in the morning, when the said brother-in-law, namely, Ram Babu (PW-6) was going for rest after taking meals, the accused persons, namely, Amerika Rai (A-1), Darbesh Rai (A-2), Chulhan Rai (A-3), Mithilesh Rai (A-4), Sanjay Rai (A-5) and Sipahi Rai (A-6) assaulted him with fists and slaps. When this was objected to, a quarrel ensued. At that very time, Amerika Rai (A-1) exhorted and as a result, Chulhan Rai (A-3) brought a licensed gun and fired 6/7 rounds at Shankar Rai. He fell down injured. In the meantime, Mithilesh Rai (A-4) fired 3/4 rounds from his gun causing injury to Dineshwar Rai (PW-7) who was none else but the brother of Shankar Rai (deceased). He suffered injuries to his hand, abdomen and thigh. At this time, Sanjay Rai (A-5) and Sipahi Rai (A-6) also opened fire from their 4 pistols. Darbesh Rai (A-2) was present with a lathi. Injured Shankar Rai was removed to the State dispensary, Parsa, where he died during his treatment. Dineshwar Rai (PW-7) was also treated. The incident, having taken place in the broad day light, was witnessed by number of persons including the villagers. Dineshwar Rai (PW-7) reported the matter on 26.6.1995 at 4.15 pm to the Officer-in-charge of Dariyapur Police Station. This was done in the State dispensary. FIR was drawn up by Dariyapur Police Station vide case No. 76/95 and the offences were registered under Sections 302, 307, 324 read with Section 34 IPC and Section 27 of the Arms Act. The chargesheet was filed and the matter was committed to sessions. All the accused abjured their guilt.

10. In short, there can be no dispute about the formation of unlawful assembly and its common object. We, therefore, dismiss all the appeals excepting that of Darbesh Rai (A-2) who has been granted the benefit of doubt. He shall be acquitted. All the accused persons are, therefore, held guilty and their appeals are dismissed excepting that of Darbesh Rai (A-2) 12 whose appeal is accepted and who is directed to be released forthwith unless required in any other matter. His bail bonds are discharged. It is reported that accused No.1, Amerika Rai is on bail. He shall be taken into custody immediately for serving out rest of the sentence. His bail bonds are cancelled.

February 23, 2011.