MANILAL SAHU Vs. STATE

JUDGEMENT

(1.) THE four appellants along with 23 others were prosecuted on charges under sections 147, 302/149, 436/ 149 and 380/149 I. P. C. The other 23 accused persons were acquitted of all the charges. Appellants 1, 2 and 3 who were accused nos. 9, 10 and 11 respectively in the trial court were convicted under Section 147 i. P. C. and sentenced to undergo R. I. for one year each. Appellant No. 4 who was accused No. 21 in the trial Court was convicted under Sections 147 and 436/149. For his conviction under Section 436/149 I. P. C. he was sentenced to undergo R. I. for 5 years and no separate sentence was awarded for his conviction under section 147 I. P. C. The four appellants were acquitted of all the other charges framed against them.

(2.) COMMUNAL riots took place in Rourkela and its suburbs in March, 1964. The incidents which gave rise to the present proceeding took place on the night of 21st march, 1964 at Biramitrapur which is 20 miles off from Rourkela. Prior to 20th march that year communal disturbances had taken place at Rourkela and hence a peace committee was formed at Biramitrapur on the 20th March, 1964 which was attended by several Hindus and Muslims. A precession was organised by members of both the communities and this procession went round the town raising slogans for communal amity. The procession dispersed after deciding that on the next day there would be a meeting to select volunteers to maintain peace. Accordingly on the next day P. W. 1 Mahammad Ibrahim went to the Labour Union Office where the meeting was to take place and waited there for about 2 hours, but nobody turned up. He returned back home. He saw some persons running helterskelter saying "ho gia" "ho gia". On being questioned these people did not say anything to him. He also found that all shops were, closed in the market. On the evening of that day i. e. 21-3-64 he found some non-Muslims moving on the road being armed and he became suspicious and went towards the Thana to ascertain from the S. I. of Police as to what steps were being taken to protect the lives and properties of the Muslims. He found the S. I. at the Post Office and learnt from him that military force was expected to arrive at Biramitrapur at about 9 A. M. He came back home and narrated the incident to his family members and neighbours. Then about 30 to 40 Muslims of the neighbourhood assembled in his house awaiting arrival of the military force. At about 10 P. M. he saw Nagar Seth (since acquitted) going to the crossing in front of his house and asking people to come out, to loot and set fire to the Muslim houses and to kill them. Accused Banshi Tewari (since acquitted) blew a whistle and about 100 to 200 persons assembled there. They shouted slogans to kill, loot and set fire to the houses of the Muslims. The members of the mob were armed with deadly weapons such as falsias, lathis etc. The mob first moved along the Gandhi Road and then came back towards P. W. 1's house where thev looted and set fire to the house of P. W. 1 and those of Walli mahammad and Ushman. The Muslims therefore ran away to places of safety and while so running away, P. W. 1's nephew one Soef (P. W. 2) was shot by an arrow and was injured. One Khalil was struck on the head by iron rod by accused Ramji (since acquitted) and he fell down on the ground and was discovered dead the nest morning. Three other incidents in different localities of the town took place thereafter, but it is not necessary to make a detailed reference to the same, so far as the present appellants are concerned because none of the prosecution witnesses has spoken about the presence of the appellants at those places, although it has been proved that the mob set fire to several houses of Muslims at those three places. The military force along with a Magistrate arrived at Biramitrapur at about 1 A. M. that night and order was restored. On his own information the S. I. (P. W. 25)drew up the F. I. R. (Ex. 7) and took up the investigation. The dead body of Khalil was discovered on the following morning in front of the house of Walli Mahammad. Inquest was held over the dead body and the injured persons were sent up for medical examination. After completion of necessary investigation, charge sheet was submitted against 27 accused persons on charges referred to above and they were put on trial with the result already indicated,

(3.) 26 witnesses were examined in support of the prosecution case, but so far as these appellants are concerned the witnesses who deposed against them are only p. Ws. 9, 10 and 11. The evidence of P. W. 1 is relevant only so far as appellant no. 4 Mukunda Singh is concerned because P. W. 1 does not depose anything against the three other appellants, P. Ws. 9, 10 and 11 are all Muslims and arc residents of Gandhi Road. (After narrating the prosecution evidence his Lordship proceeded.)