Bihar Court Sentences 85-Year-Old Man To 3 Yrs In Jail In 1992 Attempt To Murder Case; Granted Provisional Bail

Additional District and Sessions Judge Manoj Kumar Tiwari found the octogenarian, Deep Rai, guilty under Sections 147 (rioting), 148 (rioting armed with a deadly weapon) and 307 (attempt to murder) IPC, along with Section 27 of the Arms Act.

Rai was sentenced to 3 years in jail. However, since he was already on bail during the trial, the Court gave him the benefit under Section 389 CrPC, granting him provisional bail to move an appeal against his conviction before the High Court.

Ordering his release, the Court recorded:

"Since the maximum period of imprisonment of accused Deep Rai has been fixed at three years and the accused was already on bail, therefore, under Section 389 of the Criminal Procedure Code, upon his giving an application to the effect that he will file an appeal in the Hon'ble High Court and obtain bail, he shall be temporarily released on the bond furnished by him".

While Rai was granted relief due to his advanced age, the Court sentenced the remaining four convicted family members, Nakeshwar Rai (59), Jagdish Rai alias Jisha Rai (50), Naresh Rai (60) and Nagdev Rai (62), to 10 years of rigorous imprisonment each.

This case dates back to the year 1992, when Adalat Rai (Informant/Complainant) and his aunt, Ram Sakhi Devi (injured victim), along with others, were sitting outside their home when a dispute began between the accused and them over clearing glass shards from a public path.

The accused, who were armed with various weapons, opened fire upon them. Due to this, both the informant and his aunt and two other villagers sustained severe injuries.

Accused-Deep Rai, who was then 51 years old, was specifically accused (and later found guilty) of instigating the firing that injured the informant's aunt.

In convicting all the accused, the court placed reliance on the victims' statements. On the charge of Attempt to Murder, the Court rejected the stance of the defence that the weapons weren't lethal.

The court observed: "...the weapons used in the incident were undisputedly lethal firearms, and not ordinary lathis or sticks. Therefore, no doubt remains regarding the intention and knowledge of the accused persons that they caused these injuries with the intent to murder".

On the charge under Section 149 IPC (unlawful assembly), the Court found all the members guilty, as it noted thus:

"According to Section 149, no accused can take the defense that he did not want to shoot the injured...all accused were active participants".