DHUPA CHAMAR Vs. STATE OF BIHAR
SUPREME COURT OF INDIA
STATE OF BIHAR
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B. N. Agrawal, J. -
(1.)Dhupa Chamar-appellant No. 1 and Tokha Chamar-appellant No. 2 were convicted by the trial Court under Section 302 of the Penal Code and sentenced to undergo imprisonment for life. Each of them was further convicted under Section 148 of the Penal Code and sentenced to undergo rigorous imprisonment for one year. Doma Chamar-appellant No. 3 and Adalat Chamar-appellant No. 4 were convicted under Sections 302/149 of the Penal Code and sentenced to undergo imprisonment for life. They were further convicted under Sections 148 and 323 of the Penal Code and sentenced to undergo rigorous imprisonment for one year and six months respectively. However, the sentences were ordered to run concurrently. Accused Swaminath Chamar, Rajbali Chamar and Ram Hoshiar Chamar, who were charged under Sections 302/149 of the Penal Code, were acquitted of the said charges by the trial Court. The High Court on appeal by the appellants confirmed their convictions and sentences with this modification only that conviction of Tokha Chamar-appellant No. 2 under Section 302 was converted into one under Section 302/149 of the Penal Code.
(2.)Prosecution case, in short, is that on 13th June, 1983 at 8.00 p.m., there was an incident of assault by fists and slaps between Ramu Chamar, son of Sankeshiya Devi (informant) and appellant No. 2-Tokha Chamar and due to this reason on 14th June, 1983 at 8.00 a.m., appellants armed with bhalas, accused Ram Hoshiar Chamar with lathi and accused Swaminath Chamar and Rajbali Chamar with brickbats came near the house of Ramu Chamar and started abusing his family members whereupon, villagers Khedaru Chamar (PW 4), Jhagaru Chamar (PW 3), informant's son Dharam Chamar (deceased), Karam Chamar (PW 2) and her daughter-in-law, Ram Patia Devi, besides Sharda Devi (PW 6) arrived there. Ram Patia Devi made a protest whereupon appellant No. 1-Dhupa Chamar gave a bhala blow on the left side of her neck and the same was pulled out forcibly from the neck as a result of which she fell down and died instantaneously. Appellant No. 2-Tokha Chamar assaulted Dharam Chamar in the abdomen with bhala. Appellant No. 4-Adalat Chamar inflicted bhala injury to Sharda Devi (PW 6). Accused Rajbali Chamar and Swaminath Chamar hurled brickbats upon Karam Chamar (PW 2). Accused Ram Hoshiar Chamar gave lathi blow to Ramu. Appellant No. 3-Doma Chamar gave bhala blow in the abdomen of the informant when she protested against the action of the accused persons as a result of which she fell down and thereupon injured Dharam Chamar and Sharda Devi (PW 6) were taken to the hospital where Dharam Chamar was declared as brought dead. Stating the aforesaid facts, fard beyan of Sankeshiya Devi was recorded by the police at the place of occurrence itself on the very same day at 11.00 a.m. on the basis of which formal first information report was drawn up.
(3.)The police took up investigation and on completion thereof submitted charge-sheet, on receipt whereof cognizance was taken and all the seven accused persons including the appellants were committed to the Court of Sessions to face trial.
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