SUBHASH KAMKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the five appellants have been convicted and sentenced to undergo rigorous imprisonment for a period of seven years each under section 304, Part II read with section 34 of the Indian Penal Code by Judgment and order dated 31st August, 1979 passed by the Third Additional Sessions Judge, Arrah. Appellants 1 and 2 have further been convicted and sentenced to under go rigorous imprisonment for a period of two years each under section 148 of the Indian Penal Code. Rest of the appellants have also been convicted under section 323 and 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year each of the aforesaid sections. The sentences have been ordered to run concurrently.

(2.) The prosecution case as given in the fardbeyan given by P.W. 5, widow of the deceased Ramchandra, before P.W. 4 at 11.30 A.M. on 23rd June, 1974 is that about 8 A.M. in the morning while she was sitting in her marai where her deceased husband Ramchandra Kamkar was taking his meals, appellant Kedar came and after seeing her husband taking meals, he went to his angan and immediately, thereafter, appellant Subhash Kamkar came there with lathi in his hand and gave a lathi blow on the waist of her husband and her husband fled away after leaving his meals towards darwaja of Gupteshwar Kamkar (not examined). Appellant Subhash again came therewith a farsa along with Chhotakan with garasa; appellants Ram Vilas, Prabhunath and Kedar each armed with lathi came there. Appellant Subhash gave a garas blow on the left hand anti Chhotakan Ramkar gave a garasi blow on left leg just above he knee of her husband and the other appellants assaulted him with lathi: When she went there to save her husband she was also assaulted with lathi by appellants Kedar and Prabhunath. This occurrence was witnessed by the wife of Bhagelu (Peuljharia P.W. 1) and wife of Raghunath (Parvati P.W. 2) and several other persons of the Mahalla. Thereafter, her husband was taken to the Dumaraon Raj Hospital and she also went there on a rickshaw.

(3.) On the basis of the aforesaid fardbeyan, a formal first information report was drawn up and a case was registered under sections 147, 148, 323, 326 and 307 of the Indian Penal Code and investigation was taken up. Ram Chandra Kamkar died on 16th July, 1974 in the Dumaraon Raj Hospital and, thereafter, the case was converted into a case under section 302/34 of the Indian Penal Code, and after completion of the investigation charge sheet was submitted and the case was committed to the Court of session where the accused persons were charged for the offence under section 302/34 of the Indian Penal Code besides other sections mentioned above but on trial the appellants have been convicted and sentenced as stated above.