RAMESHWAR JAMADAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appeals arise out of the same Judgment which was rendered by the learned 2nd Addl. Sessions Judge, Jehanabad in Sessions Trial No. 221 of 2002 on 11th February, 2003. The appellants in the two appeals were tried for a composite charge under Section 302 read with Section 34 of the Penal Code, whereas the solitary appellant in Cr. Appeal No. 162 of 2003, namely, Mukhiya Jamadar was tried for a specific charge under Section 302 of the Penal Code. Appellants Rameshwar Jamadar and Mukhiya Jamadar were also tried together for offence under Section 27 of the Arms Act. There was seventh accused, namely, Mannu Jamadar, who was tried with the present set of the appellants, but he died during the course of trial and his name was expunged from the trial proceeding by an order passed by the learned trial Judge on 8th September, 2002 thus leaving the trial only against the present six appellants.

(2.) While recording the order of conviction the learned trial Judge held five appellants in Cr. Appeal No. 79 of 2003 guilty of committing offence under Section 302/34 of the Indian Penal Code and directed each of them to suffer rigorous imprisonment for life. One of the above set of five appellants, namely, Rameshwar Jamadar was held guilty also of committing an offence under Section 27 of the Arms Act with solitary appellant of Cr. Appeal No. 162 of 2003, namely, Mukhiya Jamadar and each of them was directed to suffer rigorous imprisonment for four years. Mukhiya Jamadar was held guilty of committing an offence under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life. The findings and sentences are being questioned by the appellants in the present appeals.

(3.) The F.I.R. (Ext.4) lodged by Lai Bahadur Chauhan (P.W.5) is the basis of the Judgment in which it was alleged by P.W.5 that at about 6 A.M. when he dusting ash-powder on his vegetable plants, he found his father had come back after attending to the call of nature and he was sitting at his Diesal Pump set. Accused Mannu Jamadar and appellant Sakal Jamadar @ Ram Sakal Jamadar came there and started assaulting the deceased with fists and slaps while abusing him. The deceased Ramashish Jamadar fled and entered inside the house of Rama Kahar (P.W.1). The two above named accused chased him, went into the Aangan of Rama Kahar (P.W.1) and dragged the deceased out of the house so as to assaulting him further. By that time, other accused persons, forming an unlawful assembly being armed with lathi and guns, came there. It is specifically alleged that appellant Horil Jamadar dealt two lathi blows on the deceased, whereafter appellant Mukhiya Jamadar, after snatching the gun from appellant Rameshwar Jamadar, fired two shots at the deceased and the deceased fell down on the ground.