DHUPA CHAMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 18.9.1987 passed by Sessions Judge, Siwan in S.T. No. 63/84 whereby appellants Dhupa Chamar and Tokha Chamar have been convicted for the offence under section 302 I.P.C. and sentenced to undergo imprisonment for life. They have also been convicted for the offence under section 148 I.P.C. and sentenced to undergo rigorous imprisonment for one year. Appellants Doma Chamar and Adalat Chamar have been convicted for the offence under section 302/149 I.P.C. and sentenced to undergo imprisonment for life. They have further been convicted for the offence under sections 148 & 323 I.P.C. and sentenced to undergo rigorous imprisonment for one year and six months respectively. Appellants Ram Hoshiyar Chamar, Swaminath Chamar and Rajbali Chamar have been convicted for the offence under section 147 I.P.C. and sentenced to undergo rigorous imprisonment for six months. Appellant Ram Hoshiyar Chamar has further been convicted for the offence under section 323 I.P.C. and sentenced to undergo rigorous imprisonment for six months.

(2.) THE prosecution case as has been stated in the fardbeyan is that one Sankeshiya Devi gave her fardbeyan on 14.6.1983 at about 11.30 A.M. that in preceding night at about 8 P.M. there was incident of assault by fist and slaps between her son Ramu Chamar and Tokha Chamar. Due to the aforesaid reason at 8 A.M. on 14.6.1983 Dhupa Chamar, Tokha Chamar, Doma Chamar and Adalat Chamar armed with bhala and Swaminath Chamar with brickbats came near her house and stned abusing. On hearing abuse Khedru Chamar, Jhagru Chamar, her son Dharam Chamar, Karam Chamar and her daughter -in -law Rampatia Devi and Sarda Devi came. Her daughter -in -law Ram Patia Devi protested on which Dhupa Chamar gave bhala blow on the left side of her neck. She tried to run way but fell down near the house of Hira and died. Adalat Chamar gave bhala blow to her daughter -in -law Sarda Devi. Tokha Chamar gave bhala blow to her son namely, Dharam Chamar causing injury on his person. Swaminath Chamar assaulted her son with brick - bats. She raised alarm on which Doma Chamar gave bhala blow on the right side of her chest. She fell down. People of the village came and took her son Dharam Chamar and daughter -in -law Sarda Devi to Siwan Sadar Hospital.

(3.) ON the aforesaid fardbeyan, Ext. 2, a formal First Information Report, Ext. 3 was drawn. Investigation was taken up and on completion of the investigation charge -sheet was submitted against seven persons. The court took cognizance and committed the case to the court of sessions for trial. The trial court convicted the appellants as indicated above.