GAYA KAMKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE above mentioned two appeals have been preferred on behalf of the appellants against a common judgment in Sessions Trial No. 184 of 1990. dated 30th June, 1992 by the 9th Additional Sessions Judge, Arrah, whereby and whereunder appellant, Gaya Kamkar, has been convicted under section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and 7 years rigorous imprisonment under section 201 of the Indian Penal Code. Appellant, Ram Kewal Kamkar, has, however, been acquitted for the charge under section 302/34 of the Indian Penal Code, but convicted for the offence under section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years. The last appellant, Satrughan Kamkar, has of course been convicted under section 302. of the Indian Penal Code and sentenced to undergo imprisonment for life. He has also been convicted under section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and further sentenced to undergo rigorous imprisonment for 10 years under section 307 of the Indian Penal Code. This appellant has been further convicted for the offence under section 27 of the Arms Act and sentenced to undergo rig010us imprisonment for 7 years. However, the sentences as awarded to all the appellants have been directed to run concurrently.

(2.) THE case of the prosecution, in short, is that on 19th August, 1989. while the deceased, Uma Shankar Sharma, his family members, namely, Rama Shankar Sharma, Shiv Nath Sharma and Amir Chand Sharma were coming after cutting timber and reached near his house, appellants, Satrughan Kamkar and Gaya Kamkar arrived there being armed with country made pistol and Garasa. It is alleged that appellant Satrughan Kamkar immediately thereafter fired shot at Uma Shankar Sharma, whereupon he fell down on the ground after' received pillate Injuries. Thereafter appellant Gaya Kamkar also assaulted him with Garasa. The informant having seen the occurrence raised alarm whereupon appellant Satrughan Kamkar also fired at him, but somehow or the other he escaped. The informant thereafter raised Hulla on which certain persons of the locality came. But all the accused persons took away the dead body of Uma Shankar Sharma on the west of the village towards canal.

(3.) THE police having received Information about this occurrence from the Chaukidar arrived at the village and recorded fard -beyan of the informant (P.W.6) and thereafter took up investigation. The police also examined different witnesses and after due observance of necessary formalities, submitted charge sheet against the appellants. On receipt of the charge sheet, the Chief Judicial Magistrate took cognizance and committed the case to the court of session calling upon the accused persons to explain charge with regard to the alleged murder of Uma Shankar Sharma.