GORA CHAMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment and order dated 17.8.1993 passed by Sri Gopal Prasad, 10th Additional Sessions Judge, Gaya, in Sessions Trial No. 356/90/53 of 1991 whereby he has been pleased to convict all the three appellants under Sections 148 and 342 of the Indian Penal Code and sentenced each of the appellants to undergo rigorous imprisonment for six months under Section 342 of the Indian Penal Code and nine months under Section 148 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) The prosecution case, as per the fardbayan of Umesh Mistri (P.W. 7) of village Kaldaspur, P.S. Chandauti, District Gaya recorded by A.S.I. Sri S. Khan of Kotwali P.S. on 26.2.89 at 9.50 hrs. in Pilgrim Hospital, Gaya, in brief, is that he had land dispute with Kailash Chamar (appellant No. 3), Fagu Chamar, Bhui Chamar, Gora Chamar (Kailash Chamar Fagu Chamar and Gora Chamar are appellants). In that land dispute, the Court had passed decree in favour of the informant and thereafter in the suit land the informant had grown potato crops. One day before the alleged occurrence he had taken out some potato from the said field. At about 6 A.M. on 26.2.1989 the informant alongwith his family members was at his house. In the meantime, Kailash Chamar having bomb, Fagu Chamar with Gandasa, Bhui Chamar with lathi, Gora Chamar with farsa along with 50-60 unknown persons came to the house of Jhe informant. They entered into the house of the informant and caught hold of his father Nathuni Mistri and thereafter they started dragging his father. When the informant tried to rescue his father then the abovenamed persons started assaulting him and then the informant started running away, whereupon, Kaitash Chamar threw bomb on him, as a result of which, the informant sustained injuries on his leg. In the meantime, all the above said persons dragged away his father but he (informant) managed to escape although the abovementioned persons tried to chase the informant. After the said occurrence the informant alongwith his brother Suresh Mistri came at Pilgrim Hospital where he was admitted for treatment of his injuries and on arrival of the police he gave his fardbayan (Ext. 1/1).

(3.) After recording the said fardbayan, A.S.I. Sri S. Khan forwarded the same to Chandauti P.S. where on receipt of fardbayan Chandauti P.S. Case No. 23/1989 dated 26.2.89 under Sections 147, 148, 149, 324, 323 and 342 of the Indian Penal Code and Section 3/5 of the Explosives Substance Act was instituted and investigation was handed over to A.S.I. Sri C.D. Singh (P.W.10) of the same P.S., who investigated the case and submitted charge-sheet against the accused persons.