NAGINA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Cr. Appln. 544/87, Dudheshwar Sharma, Cr. Appln. 545/87 Darshi Sharma, Ram Krit Sharma, Haridwar Sharma and Bagesh Sharma alias Bageshar Sharma, Cr. Appln. 546/87 - Baikunth Sharma and Cr. Appln. Awadhesh Sharma have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Though they have further been sentenced under Section 27 of the Arms Act, but no separate sentence has been awarded in that regard. In Cr. Appln.462/ 87 Nagina Sharma, Cr. Appln. 521/87 Baliram Sharma alias Bali Ram Singh, Cr. Appeal 527/ 87- Nawal Singh, Raj Kishore Sharma, Mahendra Singh, Gaya Singh, Jairam Sharma, BraJ Nandan Singh, Ramadhar Sharma and Rajendra Sharma, Cr. Appln. 531/87-Lal Singh, Bhukamp Singh, Rama Singh and Dinesh Singh, Cr. Appln. 532/87-Fudari Sharma and Ram Bilash Sharma have been convicted under Section 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Originally thirty six persons have been prosecuted. Out of whom the above twenty four have been convicted, ten have been acquitted; one Sudama Sharma died prior to the framing of charges and Nand Kishore and Alakh Sharma are said to have died after the framing of charge.

(2.) A fard-beyan has been given by Kameshwar Prasad Yadav (P.W. 20) to Nagendra Singh the then Sub-Inspector of Police, Goh Police-Station on 10-6-1977 at about 1 p.m. in the Goh Hospital, on the basis thereof a case was registered under Sections 147,148,149,302,307,326,324 and 323 of the Indian Penal Code and Section 25 of the Arms Act and Section 3/5 of the Explosive Substance Act, the same day at about 2.30 p.m. against the said accused appellants and others. In the fard-beyan it has been said that the informant Kameshwar Pd. Yadav resident of village Pali along with his villagers Jagdeo Yadav, Deven Singh, Bidyabilas Singh, Krishna Yadav and others had gone to Sagarpur polling station for casting their votes in the Assembly election on 10-6-1977 at about 6.30 a.m. The voters of villages Sagarpur, Khaira, Jujharpur, Pali, Govindpur, Rampur, Digrahi and others were to cast their votes at the polling station of Sagarpur. As the election had not started, the informant and his co-villagers sat on a find to the east of the said polling booth. In the meantime Sohan Yadav, Dharamdeo Yadav, Rajdeo Yadav, Mitar Yadav, Charitar Yadav, Sohan Yadav, Jagdeo Yadav and Bindeshwar Yadav all of village Rampur, Dukhan Yadav, Dasruth Yadav, Briksh Yadav, Rajdeo Yadav, Jagdeo Yadav and Ramnarain all of village Govindpur, Ramratan Yadav, Chander Yadav, Rambilin Yadav and Simran Yadav of village Digrahi, Bindeshwar Yadav, Rampati Yadav, Kailash Yadav, Sheonandan Yadav, Nanhe Yadav, Ramchandra Yadav, Ramrup Yadav, Sohrai Yadav and others had also come. All these persons were waiting for casting their votes. Then about fifty persons armed with lathis, bhalas, garasas, bombs came to the west of the polling booth. Out of them, the informant identified accused Ramkrit Sharma, Baikunth Sharma, Awadhesh Sharrna, Hardwar Sharma armed with country made guns, Rajendra Singh, Alakh Singh, Dudheshar Singh, Ramadhar Singh, Caya Singh, Jairam Singh, Brijnandan Singh, Rajkishore Singh, Nawal Singh, Mahendra Singh all of village Sagarpur, Brijnandan Singh, Rambilash Singh, Baliram Singh, Darsi Sharma and Fudani Sharma all of village Barpa, Mukhan Singh, Lal Singh, Madan Singh, Rama Singh and Binod Sharma of village Khaira armed with country made guns, Dinesh Singh of village Khudwa, Nand Kumar Singh of village Murera, Kishun Singh of village Rukundi and Dudheshwar Sharma of village Mujhara armed with guns. When the informant and others proceeded towards polling booth to cast their votes, then the aforesaid persons began to abuse and asked them not to cast their votes. In spite of their warnings the informant and others continued proceeding towards the polling booth. Thereupon Nand Kumar Singh of village Murera ordered to assault them and then Nand Kumar Singh himself opened fire causing gun shot injuries to Jagdeo Yadav who fell down as a result thereof. Other accused also started firing from their guns. Jagdeo Yadav of village Pali was hit by the firing of Ramkrit Sharma. Sohan Yadav of village Rampur was hit by the firing of Bageshar Sharma, Baikunth Sharma fired and injured Dharamdeo Yadav of village. Rampur whereas Awadhesh Sharma fired and hit Dukhan Yadav of village Govindpur, Dueshwar Sharma hit Briksh Yadav of village Govindpur and Darsi Sharma hit Chandbudar Yadav. The accused and others were firing indiscriminately at the informant and other persons causing injuries to the informant and the witnesses by their gun shots. Then the informant and others began to flee towards east, the accused assaulted them with bombs and garasas. Nand Kumar Singh had ordered to kill them. In the meantime the patrolling party came on hearing gun fire and bomb explosion. Thereupon the accused persons made good their escape towards west. The informant and others went thereafter to the place and found Sohan Yadav and Dharamdeo Yadav of village Rampur, Dukhan Yadav, Dasrath Yadav, Rambriksh Yadav and Jagdeo Yadav of village Govindpur and Chandbudar Yadav of village Kujwan, dead there. Many persons had received injuries. The injured were taken to Goh Hospital on a tractor where Jagdeo Yadav of village Pali also died. Accused Nand Kumar Singh, who is dead now, was one of the candidates in the said election and he wanted all the votes to be cast in his favour which resulted in the said occurrence.

(3.) After registration of the said first information report, the investigation was taken up by Nagendra Singh, Sub-Inspector of Police, Post-mortem examination had been done on the deceased, namely, Jagdeo Yadav of village Pali, Sohan Yadav, Dharamdeo Yadav, Dukhan Yadav, Cahandgudar Yadav, Briksh Yadav, Jagdeo Yadav of village Gopipur and Dasrath by Dr. S. Jamilal Rahman (P.W.8). Thirty two persons were also said to have been medically examined. After completing the investigation chargesheet was submitted by the Investigating Officer.