RAMAUTAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Binod Sharma had been convicted under Section 302 of the Indian Penal Code (hereinafter to be called as the CodeTT) and sentenced to undergo rigorous imprisonment for life. Appellants Ramautar Sharma, Khokhai Tanti and Nand Lal Sharma have been convicted under Section 302/149 of the Code and each of them have been sentenced to undergo rigorous imprisonment for life. All the appellants have also been convicted under Sections 148 and 201 of the Code and each of them have been sentenced to undergo rigorous imprisonment for three years under both counts. Appellants Ram Rashi Sharma, Garho Sharma and Doman Sharma have been convicted also under Section 27 of the Arms Act but no separate sentence has been awarded under this count.

(2.) Banarsi Prasad Yadav (P.W. 2) lodged a case at Khagaria Police Station on 12-8-1981 at 8.30 p.m. with the allegation that he along with deceased Ramautar Sah Mukhiya, Paras Sah (P.W. 1), Ramchandra Sah (P.W. 5), Kulshan Sah (P.W. 3) and Balak Sah (P.W. 4) were coming from Khagaria on the said day at about 6 p.m. When they reached at a distance of about 200 yards towards north from village Bathnaha More, the appellants armed with lathi, chhura and pistols came on the road. Binod Sharma gave a chhura blow on the abdomen of Ramautar Sah Mukhiya on which he cried. At that time appellants Khokhai Tanti. Nandlal Sharma and Ramautar Sharma assaulted the deceased with sword and bhala which struck on his neck. Appellants Ramrai Sharma, Garho Sharma and Doman Sharma fired pistol and gun which they had in their hands, due to which the informant and others fled away. Ramautar Sah fell down on the road. Thereafter the accused- appellants took him in a nearby paddy field and kept him there. On halla several persons came and the appellants fled away. Ramautar Sah Mukhiya died then and there.

(3.) The informant Banarsi Prasad Yadav (P.W. 2) lodged a first information report with Khagaria police station on the basis of which a case was registered. P.W.8 who was officer in-charge of Khagaria police station, took up investigation. He inspected the place of occurrence, prepared an inquest report (and sent the dead body for post-mortem examination and after completing investigation he submitted charge-sheet against these appellants.