HARIHAR CHAMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of judgment and order dated 5.8.1986 passed by 4th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 308 of 1985 whereby the appellants in both the appeals have been convicted for the offence under section 302/34 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life. They have further been convicted for the offence under section 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for three years.

(2.) THE prosecution case as emerges from the first information report is that one Lalan Prasad Singh gave his fardbeyan on 29.4.1983 at about 7.30 A.M. that yesterday at about 7 P.M. while he was near the Hanuman temple he learnt that his brother Sri Kishun Singh who had gone to Harijantoli to call labourers had been accosted by Banshidhar Chamar, who had a Kutta (small gun) in his hand. He ran towards east and saw that accused Banshidhar Chamar with a Kutta in his hand, Mukhiya Ahir, Kanta Chamar and Harihar Chamar with country made guns in their hands had surrounded his brother in front of the house of Moghal Chamar. Mukhiya Ahir and Banshidhar Chamar fired causing injury to his brother due to which he fell down. He raised hullah on which the accused persons ran away. His brother died due to the injuries. The motive of the occurrence was that his brother, the deceased, had reprimanded accused Banshidhar Chamar and Mukhiya Ahir for grazing his crops. The accused persons had formed a group and were in search of time to assault him. The occurrence was witnessed by Bahadur Singh, Saheb Dayal Singh, Mathura Singh and Raghu Nath Singh.

(3.) , first information report, Ext. 5, was drawn. Investigation was taken up. During the investigation inquest report was prepared. Blood stained earth was seized and seizure list, Ext.7, was prepared. The dead body was sent for postmortem and after recording the statement of the witnesses and after completion of the investigation charge sheet was submitted against four persons. On receipt of the charge sheet in the court cognizance was taken and the case was committed to the court of sessions for trial. 4. The trial court recorded the evidence of the prosecution witnesses the statement of the accused persons under section 313 of the Cr.P.C. and after hearing convicted the appellants and sentenced them, as indicated above.