LAWS(PAT)-1982-12-12

BHUNDA CHAMAR Vs. STATE OF BIHAR

Decided On December 22, 1982
BHUNDA CHAMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) These three appeals arise out of the one and the same judgment of the trial court dated 31st May, 1979, by which the aforesaid three appellants have been convicted of the offence under Section 395 of the Indian Penal Code and each one of them has been sentenced to suffer rigorous imprisonment for ten years. One of the appellants Bhunda Chamar in Criminal Appeal No. 193/79 has been further found guilty of the offence under Section 27 of the arms act and has been further sentenced to suffer rigorous imprisonment for seven years on this count. Since all the appeals arise out of the same judgment they have been heard together and this judgment will cover all the three appeals.

(2.) According to the prosecution a dacoity was committed in between the night of 10th and 11th May, 1970 in the house of one Chhangur Sao (P. W. 1). His wife Sadami (P. W. 2) was sleeping with him in a room when the dacoits, about 8 to 10 in number entered inside the room by pushing open the door. This witness P. W. 2 has said that one of the accused, named Ram Prasad Chamar entered the house of Chhanguri Chamar, snatched her hansuli and Nathuni (nose-ring) and she also identified the appellant Bhunda Chamar, who according to her was carrying a pistol. It is further said that the dacoits removed some boxes containing ornaments, cloths and utensil. There was a cry which attracted the attention of the neighbors, who came running to the place of occurrence. It is further said that P. W. 7 Daroga Choubey, while running to the scene of occurrence carrying a bhala hit one of the accused, who later on has been pointed as accused Ram Prasad. P. W. 4, who is also one of the villagers has said that one of the dacoits opened fire causing gun shot injury to his hand. P. W. 1 Chchangur Chamar was also assaulted by the docoits and his statement is the on receiving injuries, he became unconscious. He was removed to .Kochas hospital for medical aid and treatment. The Chaukidar of the village had also arrived on hula and after collecting information from the inmates of the house and all others, who were present at the scene, left for the police station Ramgarh, where he lodged his farebeat on the basis of which the first information report marked exhibit 'I was drawn. Police instituted a case proceeded with the investigation and finally submitted charge-sheet against the aforesaid three appellants, who were thus, put on trial.

(3.) At the trial stage the prosecution examined seven witnesses to substantiate the allegation brought against these appellants. A doctor was examined before the committing Magistrate, who had examined the injuries of the accused appellant Ram Prasad Chamar. He has found injuries on accused Ram Prasad , Chamar on 17th September, 1970. The doctor found one scar 2" x 1/8" in the middle at the periphari on the left side of the middle of the back of "chest 1" with straight margin and another faint linear scar mark 2" x 1/10" straight and almost of the same scar mark No. 1, The doctor has described these injuries as incised wounds and according to him it was caused within a span of three months from the date of examination.