CHHOTAN KUMHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Seven persons, namely, Chhotan Kumhar, Charan Kumhar, Mahendra Kumhar, Chamara Kumhar, Sohan Kumhar, Mohan Kumhar and Gambhir Kumhar were named by the informant as assailants of his father. His fardbeyan was recorded on 21st October, 1979 at about 6:00 p.m. at the police station, on the basis of which Tamar P.S. Case No. 08 (10)/1979 was registered against the accused persons under sections 147,148,149,307 and 302 of the Indian Penal Code. After the investigation a charge-sheet was submitted against them and they have faced the trial on the charge under section 302/149 of the Indian Penal Code.

(2.) It has come on record that the appellants, namely, Chhotan Kumhar, Chamara Kumhar and Gambhir Kumhar have passed away during pendency of this criminal appeal and, accordingly, this criminal appeal qua the appellant no. 1- Chhotan Kumar, the appellant no. 4- Chamara Kumhar and the appellant no. 7- Gambhir Kumhar stands abated.

(3.) The records of S.T. No. 85 of 1982/T.R. No. 18 of 1985 reveal a sordid state of affairs during the sessions trial. In the charge-sheet seven witnesses were cited by the prosecution to prove the charge against the accused persons, however, only two of them have been examined during the trial. Non-bailable warrants were issued against Dr. R.S.Prasad who has conducted the post-mortem examination and Mr. Chote Lal Paswan who was the investigating officer but after sending notice to the Superintendent of Police no further step was taken by the court for production of the prosecution witnesses. The investigating officer and the doctor who has conducted the post-mortem examination were not examined during the trial and why the non-bailable warrants of arrest were not executed is not reflected in the orders passed by the learned Sessions Judge.