85-year-old Bihar man Deep Rai in viral video gets 3 years in jail for 35-year-old case

The Vaishali judge, who wrote the judgment in Hindi, also sentenced four more convicts in relation to the case, including 62-year-old Nakeshwar Rai, 60-year-old Naresh Rai, 59-year-old Udkeshwar Rai, and 50-year-old Jagdish Rai. All these men were pronounced guilty on May 26, with sentencing taking place on June 2.

Additional District and Sessions Judge Manoj Kumar Tiwari pronounced Deep Rai and others guilty on May 26.

The order regarding the sentencing of Deep Rai and the other four accused said, “One thing is clear regarding the other accused that this incident is nearly 35-years-old and the trial took such a long time that it in itself seems like a punishment to the accused. For that reason also, this court is of the opinion that it is not justified to give the maximum sentence.”

Convict Deep Rai is 85 years old and completely physically incapacitated. It won’t be wrong to state that he won’t be able to survive a harsher sentence in jail… therefore, on humanitarian grounds, the court is considering a lesser sentence. — Additional District and Sessions Judge Manoj Kumar Tiwari

During the sentencing hearing, the defence argued for the minimum possible punishment, noting that the incident was 35 years old and the convicts were first-time offenders. The court accepted the defence’s argument in Deep’s case and awarded him a reduced sentence along with a fine of Rs 25,000.

The remaining four convicts received harsher penalties, including 10 years’ rigorous imprisonment under Section 307 of IPC and a Rs 25,000 fine each.

A dispute over glass shards

The case dates back to December 10, 1992, in the village of Raghopur. According to the prosecution, a day before the said incident, the quarrel broke down with the late accused, Sabal Rai, and after that, the villagers came to rescue and made peace with the parties.

However, the other day, the conflict again began when the accused, including the late Sabal Rai and Tunghi Rai, were found planting glass shards (shisha) on a public village path. When the residents, including Udesh Rai and Adalat Rai, protested, the accused retreated only to return with rifles, guns, and country-made pistols.

Case Timeline: 35 Years to Verdict

The ensuing attack left four victims, Shambhu Rai, Udesh Rai, Adalat Rai, and Ram Sakhi Devi, with serious gunshot injuries. Medical reports confirmed that the victims suffered lacerated wounds caused by pellets and bullets fired from country-made firearms.

Though the FIR was registered in 1991 against Deep Rai and others, the chargesheet was filed in 1993, and after a significant delay in the trial, the formal charges were only framed in 2011 under Sections 147 (punishment for rioting), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 148 (rioting, armed with deadly weapon), 307 (attempt to murder) of the IPC, and Section 27 of the Arms Act. The prosecution has produced the testimonies of 10 witnesses.

There were a total of seven accused, including octagenarian Bihar man, in the case, but during the pendency of the trial, two of the accused passed away. The remaining five accused were the ones who faced the final trial and were subsequently convicted by the court.