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2002 Supreme(SC) 757

B.N.AGARWAL, UMESH C.BANERJEE
Dhupa Chamar – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

B.N. Agrawal, J.-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, 19























































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