JITEN KAMKER Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Appeal No. 361 of 2002 filed by Jiten Kamker, Ram Parsan Koiri, Sheo Parsan Koiri and Cr. Appeal No. 396 of 2002 filed by Shambhu Chamar, Guput Kamker @ Gupta Kamker and Tulsi Chamar have been taken up together as all of them have been convicted by the judgment and order dated 4.6.2002 in Sessions Trial No. 32 of 1989 arising out of Itarhi PS Case No. 91 of 1988 whereby and whereunder, Shambhu Chamar, Guput Kamker & Tulsi Chamar have been held guilty and convicted for offence punishable under Sections 302 and 148 of the IPC and 27 of the Arms Act. Appellants, Jiten Kamker, Ram Parsan Koiri & Sheo Parsan Koiri have also been held guilty and convicted for offence punishable under Section 302/149 and 148 of the IPC as also under Sec.27 of the Arms Act. They have been sentenced to undergo Rl for life for offence relating to Sec.302 of the IPC, two years Rl for Sec.27 of the Arms Act and and one year Rl for offence under Sec.148 IPC respectively.

(2.) FARDBEYAN (Exhibit -2) of the informant, Radha Prasad Mishra (PW -3) is the basis on which formal FIR (Exhibit -3) was drawn up. As per Fardbeyan recorded on 22.8.1988 at 7:15 A.M. at Itarhi Police Station, on 21.8.1988 at about 1600 hours some altercation had taken place between Shahsi Bhushan Mishra (deceased), brother of the informant) and Kulkant Chamar and Shambhu Chamar in respect of irrigation of their field. The matter was intervened by the informant and as such pacified but aforesaid accused persons had left the place with extension of threat of dire consequences. On the same night, the informant, (PW -3) his brother, Shashi Bhushan Mishra and another brother Ran Bijay Mishra (PW -1) had left for their field situated near village, Chandudehra at Canal bridge. The informant and his brother, Ran Vijay were at some distance from the aforesaid canal bridge and their brother Shahsi Bhushan Mishra was at the bridge. At about 12 night, in the moonlight, they noticed the arrival of Kulkant Chamar armed with rifle, Shambhu armed with rifle, Tulsi Chamar armed with gun, Gupta Kamker armed with rifle, Jiten Kamker armed with rifle, Ram Parsan Koiri armed with rifle, Sheo Parsan armed with rifle. Just on their arrival near Shashi Bhushan Mishra, Kulkant Chamar is alleged to have ordered to kill him. Accused, Shambhu Chamar, fired a shot from his rifle hitting on the right shoulder of Shahsi Bhushan Mishra, similarly, Gupta Kamker shot from his rifle causing injury on left chest. Another accused, Tulsi Chamar also fired from his gun causing injury on right armpit and Shahsi Bhushan Mishra died at the spot. The informant and his brother Ran Bijay Mishra raised alarm but they were also attacked and as such in order to save their lives, they managed their escape raising alarm. On seeing arrival of villagers, the accused persons went towards their village, Chandudehra. Accused persons are alleged to have been identified by the villagers, who arrived at the place of occurrence at the relevant time and who also went near the dead body and found Shashi Bhushan Mishra lying in pool of blood and dead. The case was investigated by the police against all the seven but accused Kulkant Chamar, against whom there is specific allegation of having entered into altercation with the deceased and informant, was exonerated by the police in course of investigation on the basis that he was lodged inside Balia Jail in some other case on the date of occurrence and was released from jail after remaining in custody for about a month.

(3.) ACCUSED /appellants were also explained circumstances appearing against them in course of their examination under Section 313 of the Cr.P.C. They denied their involvement in the offence alleged.