{"id":12675,"date":"2011-02-23T00:00:00","date_gmt":"2011-02-22T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/amerika-rai-ors-vs-state-of-bihar-on-23-february-2011"},"modified":"2015-01-17T21:58:48","modified_gmt":"2015-01-17T16:28:48","slug":"amerika-rai-ors-vs-state-of-bihar-on-23-february-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/amerika-rai-ors-vs-state-of-bihar-on-23-february-2011","title":{"rendered":"Amerika Rai &amp; Ors vs State Of Bihar on 23 February, 2011"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Amerika Rai &amp; Ors vs State Of Bihar on 23 February, 2011<\/div>\n<div class=\"doc_author\">Author: V Sirpurkar<\/div>\n<div class=\"doc_bench\">Bench: V.S. Sirpurkar, Anil R. Dave<\/div>\n<pre>                                                         1\n\n\n\n\n\n                                                                 Reportable\n\n\n\n\n                       IN THE SUPREME COURT OF INDIA\n\n\n                     CRIMINAL APPELLATE JURISDICTION\n\n\n                 CRIMINAL APPEAL NOS. 1516-1517 OF 2004\n\n\n\n\n\nAmerika Rai &amp; Ors.                                                     ... Appellants\n\n\n\n\n                                          Versus\n\n\n\n\nState of Bihar                                                         ... Respondent\n\n\n\n\n\n                                    J U D G M E N T\n<\/pre>\n<p>V.S. SIRPURKAR, J.\n<\/p>\n<\/p>\n<p>1.     This judgment will dispose of Criminal Appeal Nos. 1516 and 1517 <\/p>\n<p>of   2004.     Five   accused   persons   have   filed   these   appeals,   they   being <\/p>\n<p>Amerika Rai (original accused No. 1), Darbesh Rai (original accused No. <\/p>\n<p>2), Mithilesh Rai (original accused No. 4), Sanjay Rai (original accused No. <\/p>\n<p>5)   and   Sipahi   Rai   (original   accused   No.   6).     The   appeal   of   Chulhan   Rai <\/p>\n<p>(original accused No. 3) is already dismissed.  Six accused persons came <\/p>\n<p><span class=\"hidden_text\">                                               2<\/span><\/p>\n<p>to be tried for having formed themselves into an unlawful assembly and as <\/p>\n<p>a common object of that unlawful assembly, having committed murder of <\/p>\n<p>one Shankar Rai.   Some of the accused persons were also charged with <\/p>\n<p>the offences under the Arms Act.  All the accused persons were convicted <\/p>\n<p>for the offence punishable under Section 302 read with Section 149 of the <\/p>\n<p>Indian   Penal   Code   (IPC),   while   Chulhan   Rai   (A-3)   was   convicted   for <\/p>\n<p>substantive   offence   punishable   under   Section   302   and   for   offence <\/p>\n<p>punishable under Section 27 of the Arms Act.   Again, Mithilesh Rai (A-4) <\/p>\n<p>was   also   convicted   for   the   offence   punishable   under   Section   307   IPC   in <\/p>\n<p>addition to the offences punishable under Section 27 of the Arms Act and <\/p>\n<p>Section 302 read with Section 149 IPC.  He was booked for that offence on <\/p>\n<p>the allegation that he had fired at and injured one Dineshwar Rai (PW-7). <\/p>\n<p>The   appeals   of   all   the   accused   persons   were   dismissed   by   Patna   High <\/p>\n<p>Court  and that  is how the  accused persons are before  us  in the  present <\/p>\n<p>appeals.\n<\/p>\n<\/p>\n<p>2.      The   prosecution   story   is   in   the   short   conspectus.     This   is   a   cruel <\/p>\n<p>murder of a young bridegroom Shankar Rai who was married only a day <\/p>\n<p>before.     He   was   put   to   death   virtually   without   any   reason.     As   per   the <\/p>\n<p>prosecution story, his marriage was held at village Ishupur, Police Station <\/p>\n<p>Lalganj,   District   Vaishali.     All   the   accused   persons   appear   to   be   either <\/p>\n<p>relations or neighbours of deceased Shankar Rai.  They all had joined the <\/p>\n<p>bridegroom party and were  present at the time of marriage.   It is alleged <\/p>\n<p><span class=\"hidden_text\">                                               3<\/span><\/p>\n<p>that   at   the   time   of   function   of   &#8220;Dwarpuja&#8221;,   there   was   some   altercation   in <\/p>\n<p>between the members of bride party on one side and bridegroom&#8217;s on the <\/p>\n<p>other.     It  is  alleged   that   the  brother  of   the   informant   Dineshwar  Rai  was <\/p>\n<p>assaulted   by   the   members   of   the   bride   party   and   in   retaliation,   the <\/p>\n<p>informant also attacked some members of the bride side.   Further, when <\/p>\n<p>one of the accused persons Sanjay Rai (A-5) was going back to Janmasa <\/p>\n<p>(the   place   where   the   bridegroom&#8217;s   party   stays   during   the   marriage),   he <\/p>\n<p>was  assaulted by some boys of the village.   However,  the marriage was <\/p>\n<p>solemnized.  The party of the bridegroom returned to their village alongwith <\/p>\n<p>bride, and alongwith them, the brother-in-law of the bride accompanied as <\/p>\n<p>per the custom.  On the next day, at about 11&#8217;o clock in the morning, when <\/p>\n<p>the said brother-in-law, namely, Ram Babu (PW-6) was going for rest after <\/p>\n<p>taking  meals, the  accused persons, namely,  Amerika Rai (A-1), Darbesh <\/p>\n<p>Rai   (A-2),   Chulhan   Rai   (A-3),   Mithilesh   Rai   (A-4),   Sanjay   Rai   (A-5)   and <\/p>\n<p>Sipahi   Rai   (A-6)   assaulted   him   with   fists   and   slaps.     When   this   was <\/p>\n<p>objected   to,   a   quarrel   ensued.   At   that   very   time,   Amerika   Rai   (A-1) <\/p>\n<p>exhorted  and  as a result,  Chulhan Rai (A-3)  brought  a licensed gun and <\/p>\n<p>fired 6\/7 rounds at Shankar Rai.   He fell down injured.   In the meantime, <\/p>\n<p>Mithilesh   Rai   (A-4)   fired   3\/4   rounds   from   his   gun   causing   injury   to <\/p>\n<p>Dineshwar Rai (PW-7) who was none else but the brother of Shankar Rai <\/p>\n<p>(deceased).  He suffered injuries to his hand, abdomen and thigh.  At this <\/p>\n<p>time,   Sanjay   Rai   (A-5)   and   Sipahi   Rai   (A-6)   also   opened   fire   from   their <\/p>\n<p><span class=\"hidden_text\">                                             4<\/span><\/p>\n<p>pistols.   Darbesh Rai (A-2) was present with a lathi.   Injured Shankar Rai <\/p>\n<p>was   removed   to   the   State   dispensary,   Parsa,   where   he   died   during   his <\/p>\n<p>treatment.   Dineshwar Rai (PW-7) was also treated.   The incident, having <\/p>\n<p>taken place in the broad day light, was  witnessed by number of persons <\/p>\n<p>including   the   villagers.     Dineshwar   Rai   (PW-7)   reported   the   matter   on <\/p>\n<p>26.6.1995 at 4.15 pm to the Officer-in-charge of Dariyapur Police Station. <\/p>\n<p>This was done in the State dispensary.    FIR was drawn  up by Dariyapur <\/p>\n<p>Police Station vide case No. 76\/95 and the offences were registered under <\/p>\n<p>Sections   302,   307,   324   read  with   Section   34   IPC   and   Section   27   of   the <\/p>\n<p>Arms   Act.     The   chargesheet   was   filed   and   the   matter   was   committed   to <\/p>\n<p>sessions.  All the accused abjured their guilt.\n<\/p>\n<\/p>\n<p>3.     In   support   of   the   prosecution,   as   many   as   12   witnesses   were <\/p>\n<p>examined   including   the   eye-witnesses,   the   police   witnesses   and   the <\/p>\n<p>doctors.\n<\/p>\n<\/p>\n<p>4.     Some   of   the   witnesses   like   Dineshwar   Rai   (PW-7)   who   was   an <\/p>\n<p>injured witness,   Ram Babu (PW-6), Dhaneshwar  Rai  (PW-1),  Sheo Nath <\/p>\n<p>Rai (PW-2), Ramesh Rai (PW-3) and Ram Bhawan Rai (PW-4) supported <\/p>\n<p>the  prosecution  version.   However,  some  other witnesses  like Wakil Rai, <\/p>\n<p>Virendra Rai and Dina Pandit did not support the prosecution.  Relying on <\/p>\n<p>their   evidence,   the   trial   Court   firstly   came   to   the   conclusion   that   the <\/p>\n<p>accused   persons   formed   themselves   into   an   unlawful   assembly   and <\/p>\n<p><span class=\"hidden_text\">                                             5<\/span><\/p>\n<p>indiscriminately fired at Shankar Rai (deceased) and Dineshwar Rai (PW-<\/p>\n<p>7) and caused murder of Shankar Rai and attempted to murder Dineshwar <\/p>\n<p>Rai (PW-7).   However, it is only Mithilesh Rai (A-4) who is booked for the <\/p>\n<p>offence punishable under Section 307 IPC on the ground that he was the <\/p>\n<p>only person who fired at Dineshwar Rai (PW-7) and injured him seriously. <\/p>\n<p>The trial Court has also discussed the whole medical evidence as well as <\/p>\n<p>the evidence of the eye-witnesses and convicted all the accused persons. <\/p>\n<p>The appeals of the accused persons before the High Court failed and that <\/p>\n<p>is how the matter is before us.\n<\/p>\n<\/p>\n<p>5.     The   learned   counsel   appearing   on   behalf   of   the   accused   persons <\/p>\n<p>firstly urged that the role of Amerika Rai (A-1) and Darbesh Rai (A-2), as <\/p>\n<p>attributed   to   them   by   the   prosecution   witness,   itself   suggests   that   these <\/p>\n<p>two   accused   persons   did   not   use   any   fire   arms.     The   learned   counsel <\/p>\n<p>further urged that Amerika Rai (A-1) was merely standing and at the most, <\/p>\n<p>it could be said that he exhorted for bringing the guns; however, even that <\/p>\n<p>could not be said in respect of Darbesh Rai (A-2) who was merely standing <\/p>\n<p>in the door with a lathi.  The learned counsel were at pains to point out, by <\/p>\n<p>reference to evidence, that Darbesh Rai (A-2) did not in any manner either <\/p>\n<p>assault the deceased or take part in the whole affair.  The learned counsel, <\/p>\n<p>therefore, urged that at least insofar as Amerika Rai (A-1) and Darbesh Rai <\/p>\n<p>(A-2)   are   concerned,   they   could   not   be   said   to   be   the   members   of   the <\/p>\n<p>unlawful   assembly.     The   learned   counsel   appearing   on   behalf   of   Sanjay <\/p>\n<p><span class=\"hidden_text\">                                                6<\/span><\/p>\n<p>Rai  (A-5)  and   Sipahi  Rai  (A-6)  pointed   out  that  though   it  was  suggested <\/p>\n<p>that   these   two   accused   persons   fired   with   their   pistols,   those   pistols   are <\/p>\n<p>nowhere to be found in the whole investigation, as nothing was recovered <\/p>\n<p>from these two accused persons.   The learned counsel, therefore,  urged <\/p>\n<p>that   it   will   be   difficult   to   say   that   these   two   persons   either   shared   the <\/p>\n<p>common   intention   or   had   the   common   object.     It   was   pointed   out   that <\/p>\n<p>Sanjay  Rai (A-5) and  Sipahi  Rai (A-6)  were  not  even  related  to Amerika <\/p>\n<p>Rai (A-1) and his family or deceased Shankar Rai and his family.<\/p>\n<p>6.      There can be no dispute that Shankar Rai died a homicidal death. <\/p>\n<p>As   many   as   5   eye-witnesses   whose   presence   was   most   natural   on   the <\/p>\n<p>spot, have supported the prosecution version regarding the deadly attack <\/p>\n<p>on   Shankar   Rai,   as   also   the   firing   at   his   brother   Dineshwar   Rai   (PW-7). <\/p>\n<p>The evidence of the two doctors being Dr. Shradha Nand (PW-8) and Dr. <\/p>\n<p>Amarnath   Jha   (PW-10),   who   conducted   the   autopsy   is   sufficient   to   hold <\/p>\n<p>that   Shankar   Rai   died   an   almost   instantaneous   death   because   of <\/p>\n<p>indiscriminate   firing   at   him   by   Chulhan   Rai   (A-3).     It   has   already   been <\/p>\n<p>stated   earlier   that   appeal   of   Chulhan   Rai   (A-3)   is   already   dismissed. <\/p>\n<p>Deceased Shankar Rai had suffered as many as 8 injuries, all attributable <\/p>\n<p>to   the   gun   shot   injuries,   so   also   the   injuries   suffered   by   Dineshwar   Rai <\/p>\n<p>(PW-7)   were   found   to   be   dangerous   to   his   life,   though   he   ultimately <\/p>\n<p>survived.     The   question,   however,   is   whether   all   the   accused   persons <\/p>\n<p><span class=\"hidden_text\">                                             7<\/span><\/p>\n<p>could be booked with the aid of Section 149 IPC on the ground that they <\/p>\n<p>were the members of the unlawful assembly having the common object.<\/p>\n<p>7.     There can be no dispute that the presence of the accused persons <\/p>\n<p>on the spot was well established by the five eye-witnesses named above. <\/p>\n<p>All   the   five   eye-witnesses   who   supported   the   prosecution   have   in   one <\/p>\n<p>voice deposed to the presence of all these accused persons and the acts <\/p>\n<p>performed   by   them.     Dineshwar   Rai   (PW-7),   Dhaneshwar   Rai   (PW-1), <\/p>\n<p>Ram Bhawan Rai (PW-4), Ram Babu (PW-6), Sheo Nath Rai (PW-2) and <\/p>\n<p>Ramesh Rai (PW-3) are unanimous on the question that Amerika Rai (A-1) <\/p>\n<p>had ordered to bring the guns.  As many as 4 witnesses being Dineshwar <\/p>\n<p>Rai (PW-7), Dhaneshwar Rai (PW-1), Ram Bhawan Rai (PW-4) and Ram <\/p>\n<p>Babu (PW-6) spoke about Darbesh Rai (A-2) standing holding a stick.  All <\/p>\n<p>these   4   witnesses   also   suggested   that   he   was   instigating.     Insofar   as <\/p>\n<p>Mithilesh Rai (A-4) is concerned, all the witnesses are unanimous that he <\/p>\n<p>fired 3-4 rounds with his gun and caused injury to Dineshwar Rai (PW-7), <\/p>\n<p>so   also   all   the   witnesses   are   absolutely   unanimous   in   respect   of   Sanjay <\/p>\n<p>Rai (A-5) and Sipahi Rai (A-6) to the effect that they were  firing with  the <\/p>\n<p>pistols in their hand.  Sheo Nath Rai (PW-2) and Ramesh Rai (PW-3) also <\/p>\n<p>went   to   the   extent   of   saying   that   these   two   accused   persons   fired   2-3 <\/p>\n<p>rounds   of   shots   though   no   injury   was   caused   by   those   gun   shots. <\/p>\n<p>Therefore,   there   can   be   no   doubt   that   all   these   accused   persons,   who <\/p>\n<p>were   staying   in   the   nearby   house   of   the   deceased,   had   attacked   the <\/p>\n<p><span class=\"hidden_text\">                                              8<\/span><\/p>\n<p>deceased   and   his   brother   Dineshwar   Rai   (PW-7).     There   was   a   definite <\/p>\n<p>background  to this attack  which  related to the altercation  in between  the <\/p>\n<p>bride&#8217;s party and bridegroom&#8217;s party at the time of marriage and accused <\/p>\n<p>Sanjay   Rai   having   been   beaten.     It   has   come   in   the   evidence   of   the <\/p>\n<p>witnesses   like   Dineshwar   Rai   (PW-7)   and   Ram   Babu   (PW-7)   that   there <\/p>\n<p>was an unpleasant incident of altercation in between the bride&#8217;s party and <\/p>\n<p>bridegroom&#8217;s   party   at   the   time   of   Dwarpuja.     It   has   also   come   in   the <\/p>\n<p>evidence   that   Sanjay   Rai   (A-5),   when   he   was   returning   back   from <\/p>\n<p>bridegroom&#8217;s place on cycle, was  beaten.   Therefore, it appears that the <\/p>\n<p>accused persons had carried a grudge and seeing Ram Babu (PW-6), the <\/p>\n<p>brother-in-law of Shankar Rai&#8217;s bride, there was an instantaneous reaction <\/p>\n<p>on   their   part.     It   has   come   in   the   evidence   that   Ram   Babu   (PW-6)   was <\/p>\n<p>slapped and fisted when he had finished his meals and was going for rest. <\/p>\n<p>The   presence   of   Ram   Babu   (PW-6)   acted   as   a   flash   point;   perhaps   it <\/p>\n<p>reminded the accused persons and more particularly, Sanjay Rai (A-5), of <\/p>\n<p>the insult meted out to them and then the idea of taking revenge emerged. <\/p>\n<p>What   happened   is   that   deceased   Shankar   Rai   seeing   that   his   wife&#8217;s <\/p>\n<p>relation   was   being   slapped   and   fisted   by   the   accused   persons,   had <\/p>\n<p>resisted the attempt on the part of the accused persons and that ultimately <\/p>\n<p>proved to be a  raison d&#8217;etre  of his death.   Therefore, there is no doubt in <\/p>\n<p>our mind that this was undoubtedly done with a common object of teaching <\/p>\n<p>lesson to deceased Shankar Rai who had taken &#8211; as was expected- side <\/p>\n<p><span class=\"hidden_text\">                                             9<\/span><\/p>\n<p>of Ram Babu (PW-6), the brother-in-law of his bride.   What is liable to be <\/p>\n<p>seen is as to whether there was any active participation and the presence <\/p>\n<p>of all the accused persons was with an active mind in furtherance of their <\/p>\n<p>common   object.     The   law   of   vicarious   liability   under   Section   149   IPC   is <\/p>\n<p>crystal clear that even the presence in the unlawful assembly, but with an <\/p>\n<p>active   mind,   to   achieve   the   common   object   makes   such   a   person <\/p>\n<p>vicariously liable for the acts of the unlawful assembly.  In that light, when <\/p>\n<p>the evidence is examined, it is obvious that Amerika Rai (A-1) who was the <\/p>\n<p>elder in the family and father of Darbesh Rai (A-2), Mithilesh Rai (A-4) and <\/p>\n<p>Chulhan   Rai   (A-3),   instead   of   acting   in   a   responsible   manner   and <\/p>\n<p>preventing any unpleasant incident, exhorted the accused persons to bring <\/p>\n<p>the   gun.     The   guns   are   normally   not   brought   for   making   a   show.     The <\/p>\n<p>exhortation   to   bring   the   gun   definitely   speaks   about   the   guilty   mind   of <\/p>\n<p>Amerika Rai (A-1), so also the use of guns by Mithilesh Rai (A-4), Sanjay <\/p>\n<p>Rai (A-5) and Sipahi Rai (A-6) is very clear that they also had guilty mind. <\/p>\n<p>Mithilesh   Rai   (A-4)   went   to   the   extent   of   injuring   Dineshwar   Rai   (PW-7). <\/p>\n<p>Therefore,   even   their   presence   and   part   played   by   them   was   obviously <\/p>\n<p>pointing towards the common object of committing murder of Shankar Rai. <\/p>\n<p>Unfortunately, Shankar Rai became the victim of the circumstances.   The <\/p>\n<p>accused persons had nothing to do with Shankar Rai.  Their main ire was <\/p>\n<p>directed  at  Ram   Babu  (PW-6).    But,  perhaps   because  Shankar  Rai  took <\/p>\n<p>side of Ram Babu (PW-6), he became the victim of circumstances and had <\/p>\n<p><span class=\"hidden_text\">                                               10<\/span><\/p>\n<p>to pay with his own life.   Therefore, at least insofar as these persons are <\/p>\n<p>concerned, their presence and their active participation would make them <\/p>\n<p>guilty under Section 149  IPC,  though  the  author of the  injury to Shankar <\/p>\n<p>Rai was Chulhan Rai (A-3) whose appeal has already been dismissed.<\/p>\n<p>8.      However, that canot be said about Darbesh Rai (A-2).  He had been <\/p>\n<p>given the role of standing in the door of his house with a lathi.  We feel that <\/p>\n<p>the   evidence   of   the   eye-witnesses   that   he   was   instigating   the   other <\/p>\n<p>accused   persons   to   fire,   appears   to   be   an   exaggeration.     He   would   not <\/p>\n<p>have kept on standing there holding a lathi had he shared the intention and <\/p>\n<p>the common object of committing murder of Shankar Rai.   In our opinion, <\/p>\n<p>the role of Darbesh Rai (A-2), as attributed to by the eye-witnesses, should <\/p>\n<p>not  make  him  vicariously  liable.    We, therefore,  grant  benefit of  doubt to <\/p>\n<p>Darbesh Rai (A-2) and acquit him.\n<\/p>\n<\/p>\n<p>9.      It   was   tried   to   be   suggested,   relying   on   the   defence   witnesses, <\/p>\n<p>namely, Ajit Kumar Singh (DW-1) and Ram Dhani Chaudhary (DW-2), that <\/p>\n<p>Chulhan   Rai   (A-3)   did   not   have   any   gun,   as   his   gun   was   deposited   in <\/p>\n<p>Singh Gun House.  This argument is already rejected by trial and appellate <\/p>\n<p>Courts and we also endorse the finding.  Insofar as Ram Dhani Chaudhary <\/p>\n<p>(DW-2)   is   concerned,  he  stated  that  there   was  a   distance  of  250   feet  in <\/p>\n<p>between the house of Chulhan Rai (A-3) and deceased Shankar Rai and <\/p>\n<p>there   was   a   pond   in   between   their   houses.     He   also   found   brick   bats   in <\/p>\n<p><span class=\"hidden_text\">                                             11<\/span><\/p>\n<p>front of the house of the deceased and Chulhan Rai (A-3).  Thereby it was <\/p>\n<p>suggested   that   there   was   exchange   of   brick   bats   between   the   parties. <\/p>\n<p>That may be so.  However, there is evidence that when Ram Babu (PW-6) <\/p>\n<p>was going for rest after the meals, he was actually fisted and slapped by <\/p>\n<p>Amerika Rai (A-1), Darbesh Rai (A-2), Chulhan Rai (A-3), Mithilesh Rai (A-<\/p>\n<p>4),   Sanjay   Rai   (A-5)   and   Sipahi   Rai   (A-6).     When   this   was   informed   to <\/p>\n<p>Shankar Rai, Shankar Rai came and made enquiry from Chulhan Rai (A-3) <\/p>\n<p>and   then   when   there   was   exchange   of   abuses,   the   brick   batting   started <\/p>\n<p>between   the   parties.     The   evidence   of   Ram   Dhani   Chaudhary   (DW-2), <\/p>\n<p>S.D.P.O., does not in any manner shake the prosecution case.  It was not <\/p>\n<p>as if the defence came up with a plea of right of private defence of person <\/p>\n<p>and   property   and   indeed   they  could   not   have   done   so   as   they   were   the <\/p>\n<p>aggressor   party  using  guns.    We  have   considered  the   defence  evidence <\/p>\n<p>also at the instance of both the learned counsel appearing on behalf of the <\/p>\n<p>defence and we do not find that this evidence would in any manner help <\/p>\n<p>the prosecution.\n<\/p>\n<\/p>\n<p>10.    In   short,   there   can   be   no   dispute   about   the   formation   of   unlawful <\/p>\n<p>assembly and its common object.   We, therefore, dismiss all the appeals <\/p>\n<p>excepting that of Darbesh Rai (A-2) who  has been granted the benefit of <\/p>\n<p>doubt.  He shall be acquitted.  All the accused persons are, therefore, held <\/p>\n<p>guilty and their appeals are dismissed excepting that of Darbesh Rai (A-2) <\/p>\n<p><span class=\"hidden_text\">                                            12<\/span><\/p>\n<p>whose   appeal   is   accepted   and   who   is   directed   to   be   released   forthwith <\/p>\n<p>unless required in any other matter.   His bail bonds are discharged.    It is <\/p>\n<p>reported that accused No.1, Amerika Rai is on bail.  He shall be taken into <\/p>\n<p>custody immediately for serving out rest of the sentence.   His bail bonds <\/p>\n<p>are cancelled.\n<\/p>\n<\/p>\n<p>                                                     &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..J.\n<\/p>\n<p>                                                     (V.S. Sirpurkar)<\/p>\n<p>                                                     &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..J.\n<\/p>\n<p>                                                     (Anil R. Dave)<\/p>\n<p>New Delhi;\n<\/p>\n<p>February 23, 2011.\n<\/p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Amerika Rai &amp; Ors vs State Of Bihar on 23 February, 2011 Author: V Sirpurkar Bench: V.S. Sirpurkar, Anil R. Dave 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1516-1517 OF 2004 Amerika Rai &amp; Ors. &#8230; Appellants Versus State of Bihar &#8230; Respondent J [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-12675","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.0 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Amerika Rai &amp; Ors vs State Of Bihar on 23 February, 2011 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/amerika-rai-ors-vs-state-of-bihar-on-23-february-2011\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Amerika Rai &amp; 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