RAM BABU JAMADAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals arise out of the same judgment and, therefore, they have been heard together and are being disposed of by this common judgment.

(2.) Appellants Ram Babu Jamadar, Sheonandan Jamadar and Ramdeo Jama dar (of Cr. A. 629 of 1982) and appellant KaramCh and Jamadar (of Cr. A. 648 of 1982) have been convicted under Section 304 Part I of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for life. The remaining five ppellants (of Cr. A. 629 of 1982), namely, Raiendra Jamadar, Against the decision of Shri Binde hwari Prasad Yarma, 5th Additional Sessions Judge, Naianda, dated the 2st September, 1982. Jamadar, Arjun Jamadar, Bishundayal Jamadar and Bhonu Jamadar have been convicted under Section 304 Part 1 read with Section 149 of the Indian Penal Code and each of them has also been sentenced to undergo rigorous imprison ment for life. Appellants Arjun Jamader and Bhonu Jamadar have been further convicted under Section 27 of the Arms Act and each of them has been sentenced to undergo rigorous imprisonment for one year. The sentences of these two appellants under different counts have been directed to run concurrently.

(3.) On 18th March, 1977 at about 8 a. m.,Mahabir Jamadar, the deceased, was going to take bath on the motor pump of one Jiblal Das. On the way all these appellants, variously armed, surrounded him and he was thrown on the ground. Appellants Ram Babu, Ramdeo, Sheonandan and Karam Chand assaulted him with Kakut and others also assaulted him with Chopra and Pasa. The informant Bhagiya Devi (P.W. 7) and her son raised alarm but they were also threatened. On their alarm the witnesses came and then the appellants fled away. Subsequently, after two to three hours Mahabir Jamadar died. The in formant could come to know that the chowkidar had gone to the police station. Therefore, she remained at her house.