STATE OF BIHAR Vs. TEJU CHAMAR

JUDGEMENT

(1.) The aforesaid six appellants have been convicted of the charge of causing the murder of one Dukhi Chamar whereas, two of them Teju Chamar and Harinath Chamar have been awarded sentence of death on charges under Section 302 of the Indian Penal Code (hereinafter referred to as the Code) and the learned Additional Sessions Judge, in the impugned judgment, has made a reference to this Court for confirmation of the sentence of death, which has given rise to the Death Reference No. 4 of 1985. The other four appellants have been found guilty of the charges under Section 302/149 of the Code and sentenced to undergo imprisonment for life. The prisoner Teju Chamar has been further convicted of the charge under Section 326 of the Code for causing grievous hurt to Lau Chamar (P.W. 7) son of the deceased Dukhi Chamar and accused Lala Chamar has been further convicted under Section 27 of the Arms Act but no separate sentence has been passed under these heads by the trial Judge. Besides the death reference all these accused have jointly preferred an appeal against the judgment of conviction dated 2nd April. 1985, which has been registered as Cr. Appeal No. 11/85. Both the Death reference and the Criminal Appeal have been heard together and his Judgment covers both of them.

(2.) The cage against these accused was registered at police station Chand in the district of Rohtas on the statement of Lao Chamar (P.W. 7) the son of the deceased. The occurrence took place in village Kurthu falling under the said police station Chand. The case is as follows: In between the night of 22nd and 23rd June, 1983 when he was sleeping in the sahan under a peepal tree adjacent north of the Darwaza of his house and his father Dukhi was sleeping with his another son Chaturi Chamar (P.W. 5) aged about 8 years on a cot at the Darwaza, he (Lau Chamar) heard the cry and woke up on the cry of his father. He was crying for help saying Jan Gail Dauro. He got up and rushed. He saw all the six appellants and 2-3 more around the bed of his father. He could further see that appellant Lala Chamar had a un with him whereas, appellant Teju and Harinath were holding Garasa and appellant Baijnath had a Goji and the rest had Lathi in their hands. They all joined in assaulting his father. He himself assaulted accused Teju Chamar with a lathi on which Teju hurled a Garasa on him as a result of which his left hand was almost severed. He stated that he ran away from there and stood near the house of Jokhu Chamar and raised alarm. He could bear the sound of gun firing. He further said that both the appellants Teju and Harinath (both charged under Section 302 of the Code) inflicted several Garasa blows on his father. He further claimed to have noticed that appellant Lala Chamar fired gun shot on his father and thereafter all the accused fled away through the eastern lane in the village. He then went near his father and found him dead fallen below the cot. None of the Chamars of the village came on his hulla but some Pandey people of that village came there to whom he narrated all about the occurrence.

(3.) The informant (P. W. 7) has further said that several cases in between his father and the accused were pending in Court and even in pasco prior to this occurrence the accused has assaulted his father and in order to wreck vengeance, they killed his father in the manner as alleged.