IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.523 of 1996

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1. Tuntun Chamar Son of Kuleshwar Das

2. Dina Nath Mochi alias Dina Nath Chamar Son of Ramdeo Mochi

Both resident of village Makhpa, P.S. Makhdumpur, District Jehanabad

... ... Appellants

Versus

The State of Bihar

... ... Respondent

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Appearance :

For the Appellants

:

Mr. Amish Kumar (Amicus Curiae)

Mr. Prince Kumar Mishra, Advocate

For the Respondent

:

Mr. Bipin Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

and

HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

Date : 09-09-2022

The present appeal has been preferred 26 years ago,

against the judgment of conviction and order of sentence dated

11.10.1996 passed by the 1st Additional District & Sessions Judge,

Jehanabad in Sessions Trial No.14 of 1993 arising out of

Makhdumpur P.S. case No.74 of 1986, whereby and whereunder

the appellants have been convicted under Sections 148, 364/149

and 302/149 of the Indian Penal Code and have been sentenced to

undergo R.I. for life under Sections 302/149 of the Indian Penal

Code and R.I. for one year under Section 148 of the Indian Penal

Code, but no separate sentence has been awarded to the appellants

Patna High Court CR. APP (DB) No.523 of 1996 dt.09-09-2022

2/15

under Sections 364/149 of the Indian Penal Code. Both the

sentences of the appellants have been directed to run concurrently.

2. Prosecution case as per the statement of Lalti Devi

(P.W.1) wife of deceased Ram Briksh Pandit recorded by S.I. of

Makhdumpur P.S., in brief, is that about 5-6 days back, her

husband Ram Briksh Pandit had gone to his native village

Derhgaon and on 01.06.1986 at about 2:00 P.M. while she was at

her house, she was told that some naxlites armed with rifle, pasuli,

etc had caught hold of her husband Ram Briksh Pandit near Makfa

Chamar Toli and her husband was being taken by them towards

northern hillock. On getting this information, the informant along

with her son rushed towards the said direction and when she

reached near western side of Mian Pokhar, she saw that about 50

persons armed with rifle, gun and pasuli had tied the hands of her

husband with rope and had kept him under a neem tree. The

informant made request to release her husband, whereupon

appellant Tuntun Chamar abused her and threatened to leave the

place, otherwise she along with her children would also be killed.

Accused Babu Chand, who held the rope, was also requested by

the informant to release her husband, but he did not release him.

Appellant Deenanath Mochi and accused Pradeep Mochi were also

amongst the miscreants whom the informant identified, but she

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could not identify the other miscreants. It is further alleged that

after sometime the accused persons took away her husband

towards east of the village. The informant started weeping but due

to fear neither she nor any other villager dared to intervene. At this

stage, her brother Harihar Pandit also came running and saw the

accused persons taken persons taking away the husband of the

informant. Thereafter the informant went to Makhdumpur Police

Station along with her son and brother Harihar Pandit and gave her

statement before the Officer-Incharge. On the basis of the

statement of the informant, Makhdumpur P.S. case No.74 dated

01.06.1986 under Sections 147, 148, 341, 342/34 and 384 of the

Indian Penal Code was instituted and the investigation was taken

up. During course of investigation, on 03.06.1986, the I.O.

received information that the dead body of Ram Briksh Pandit was

found hanging with a tree at the place situated at a distance of

about 500 yar