MAHENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals arise out of the common final judgment and order dtd. 3/8/2017 passed by the High Court of Judicature at Patna in Government Appeal(DB)No.56/1989 and Criminal Appeal (DB) No.267/1989, whereby the High Court affirmed the conviction and sentence awarded by the learned Trial Court against the appellants in connection with a gruesome incident of mass violence which took place on 29/3/1983 in Village Jamalpur Kodai, P.S. Gaighat, District Muzaffarpur, Bihar.

(2.) Allegedly, a long-standing village rivalry culminated in a grave incident in which a mob consisting of about 58 accused persons set on fire the residential house of Chandra Shekhar Choudhary of Village Jamalpur Kodai, P.S. Gaighat, District Muzaffarpur, resulting in the brutal murder of five members of his immediate family/village and causing severe injuries to several others. The incident was reported to the police, leading to registration of Gaighat P.S. Case No. 38 of 1983. Upon completion of investigation, charge-sheets were laid and the accused persons were sent up for trial.

(3.) Charges were framed against the accused persons under Ss. 147, 148, 436, 302/149, 324/34, 323 and 379 of the Indian Penal Code, 1860. Accused Jagannath Ravidas, the then Circle Officer, was separately charged under Ss. 302/109, 436/109, 379/109, 324/109 and 323/109 IPC on the allegation that he had actively abetted the commission of the offences.