STATE OF M P Vs. PALTAN MALLAH

JUDGEMENT

(1.) Criminal Appeal Nos.98-102 of 1999 and Criminal Appeal Nos. 109-114 of 1999 are filed by the State of Madhya Pradesh through CBI and the Criminal Appeal Nos. 103-108 of 1999 are filed by the Chattisgarh Mukti Morcha. All these appeals arise out of the common judgment passed by the High Court of Madhya Pradesh on 26-6-1998. Nine accused persons were tried by the Second Addl. Sessions Judge, Durg, M.P. Accused Nos. 1 to 8 were charged for the offence under Section 302 read with Section 120B IPC. The 9th accused was charged under Section 302 read with Section 120B, and in the alternative, Section 302 read with Section 34 IPC and Section 25(1)(A) and Section 27 of the Arms Act. The Sessions Judge acquitted A-6 Naveen Shah, A-7 Chandrabaksh Singh and A-8 Baldev Singh Sandhu. A-1 Chandrakant Shah, A-2 Gyan Prakash Mishra, A-3 Avdhesh Rai, A-4 Abhay Kumar Singh, A-5 Moolchand Shah and A-9 Paltan Mallah @ Ravi were convicted by the Sessions Judge for the offence under Section 302 read with Section 120B. A-9 Paltan Mallah was found guilty of the offence punishable under Section 302 IPC and sentenced to capital punishment whereas other accused were sentenced to life imprisonment. The High Court by the impugned Judgment acquitted all the accused of the charges framed against them.

(2.) Deceased Shankar Guha Yogi was a popular, powerful trade union leader in the industrial region of Bhillai, Durg, which was part of the then State of Madhya Pradesh. Deceased Shankar Guha Niyogi had been working for the welfare of the labour demanding living wages, bonus, reinstatement of retrenched workers and he organised the workers of the various industrial units at Bhillai and Durg. The labourers had an organisation by name CHATTISGARH MUKTI MORCHA (hereinafter being referred to as CMM) and deceased Niyogi became a leader of this organisation. He was leading the labourers working at Rajaram Mines area which was a main source of raw material iron ore for the Bhillai Steel Plant at Durg. In the year 1989, there was an agitation by the workers of industrial unit by name ACC, which is a leading cement manufacturer. A settlement was reached at the instance of deceased Niyogi. The workers in other industrial establishments sought the help of deceased Niyogi to solve their problems. In the year 1990, he came to Bhillai and started occupying quarter no. MIG 1/55of HUDCO. He stayed there with his servant Bahal Ram. The other members of his family continued to stay near Rajhara. Deceased Niyogi set up an offence for CMM at MIG-2/273 HUDCO. In the year 1990, there was widespread labour movement against the management of various industrial units such as Simplex, Kedia, B.E.C., B.K. etc. According to the prosecution, the management of these industrial units started opposing the labour movement and there was even physical attack on some of the leaders of CMM. One Uma Shankar Rai, a leader of CMM was fatally assaulted by the agents of the industrialists. Deceased Niyogi apprehended serious threat to his life from the industrialists, especially from Simplex and Kedia Group of Industries. He made notes in his diary regarding the apprehension of danger from the management of these industrial units. On 27-9-1991, he had gone to Raipur and there he met one Rajendra Sail, Secretary General of PUCL and reporter N.K. Singh of "India Today". He expressed an apprehension of danger to his life from Kedia and also from A-5 Moolchand Shah and A-1 Chandrakant Shah of Simplex Group. On 27-9-1991 at about midnight, he left Raipur for Bhillai and reached his quarter no. MIG-1/55 of HUDCO and went to bed. His servant Bahal Ram was occupying the neighbouring room. In the night, Bahal Ram heard a noise like bursting of crackers and he rushed to the room of Niyogi and found Niyogi writhing in pain on is bed. The window was found open. Bahal Ram called for help of the neighbour Sripad Mategaonkar. Few workers from the CMM came to the place and it was found that Niyogi had been shot. He was immediately taken to the Sector 9 Hospital of Bhillai. Before reaching the hospital, Niyogi succumbed to the gun shot injuries. Post-mortem examination was conducted by a team of doctors and they opined that death was due to bullet injuries.

(3.) Preliminary investigation was carried out by PW-182 Deputy Superintendent of Police Shri M.G. Agarwal. There was agitation by the workers that investigation shall be conducted by the Central Bureau of Investigation and the Government of Madhya Pradesh requested the Union of India seeking help of the Central Bureau of Investigation. As part of police investigation, PW-182 visited the scene of occurrence and got prepared map of the site and he took steps to see that viscera of the victim was sent for laboratory tests. He took into custody the pellets recovered from the body of Niyogi. He took statements from Bahal Ram, the servant and also from the widow and daughter of deceased. He got prepared photograph Exh. P-180 to P-196. He got report from Serum Science and Chemical Analysis which are marked as Exh. P-430 to P-432. He recorded statements of various other witnesses. Accused A-3 Avdhesh Rai was taken into custody on 13-10-1991. On 1-11-1991, he seized diary of deceased Niyogi and on 9-11-1991 he handed over the investigation to CBI officials.