BHUPAT KUMHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the twelve appellants have been convicted under Section 302 read with Section 149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. They have further been convicted under Section 325 read with Section 149 of the Indian Penal Code, but no separate sentence has been passed against them under the section. Three of the appellants, namely appellants Sanat Mahton, Budhan Kumhar and Babulal Kumhar have been further convicted under Section 148 of the Indian Penal Code whereas the remaining appellants have been convicted under Section 147 of the Indian Penal Code. No separate sentence, however, has been passed against the appellants under these sections.

(2.) THE appellants are all residents of village Jogia Tola within Jainagar Police station of Hazaribagh district. Most of the appellants are related to one another. Appellants 3 and 6 are brothers and appellants 4 and 5 are their sons respectively. Appellant No. 1 is the nephew of appellant No. 6 and appellants Nos. 11 and 12 are his cousins. Appellant No. 2 is the son of appellant No. 12 and appellant No. 8 is the son of appellant No. 11. Appellants 7, 9 and 10 do not seem to be related to these appellants.

(3.) ONE Lakhan Mahto also came there. Lakhan arranged for a bullock -cart for carrying Sona Mahto and his three injured sons to the Police station. They had, however, hardly crossed the bridge over the river Barakar, which was only 500 yards away from the place of occurrence, that Sona Mahto died. His dead body was, therefore, left under a tree in charge of some persons who had arrived there. P.W. 1 went to the police station along with a Chaukidar. First information report (Exhibit 1) was recorded at the Police station by the Officer -in -charge, S.I. Bishwanath Banerjee at about 11 -30 p.m. The police station, it may be pointed out, was 24 miles away from the place of occurrence. The investigation Officer went on the following day to the place where the dead body of Sona Mahton was lying. He held inquest over the dead body and prepared the inquest report (Exhibit 2). The dead body was sent to Kodarma Hospital with constable Nageshwar Narain Singh (P.W. 6). The Investigating Officer also inspected the place of occurrence which was two miles to the south of village Jogia Tola. He noticed blood stains there and seized the blood stained earth. He prepared the sketch map (Exhibit 4) of the place of occurrence and examined witnesses. Eventually he submitted chargesheet against the appellants.