RAM BILASH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Above noted both the appeals are related with the massacre of the district of Bhagalpur in the month of November, 1989 when frenzied mob of thousands surrounded the village and indiscriminately killed the persons belongings to a particular community.

(2.) Above noted both the appeals, preferred by the above named appellants, have arisen out of common judgment dated 9th and 12th May, 2005 passed in Sessions Trial No. 359 of 1990 (R) by the learned 7th Additional Sessions Judge, Bhagalpur whereby the appellants were convicted for offences punishable under Sections 302/ 149, 436/149, 153 A/149 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life for the offence under Sections 302/149 of the Indian Penal Code, 10 years rigorous imprisonment for the offence under Section 436/149 IPC and 2 years for the offence under section 153A/ 149 Indian Penal Code. All the sentences were directed to run concurrently.

(3.) The prosecution story, in brief, is that on 14.11.1989 at 9.00 AM the Officer In-Charge of Sultanganj Police Station along with other police officials was establishing contacts with general public so that a peace meeting at the police station in the wake of communal situation then prevailing in Bhagalpur District may be arranged. At that very time, he (PW 22) came to know that the village Karamganj was being burnt by the rioters. Immediately thereafter, he with police party rushed towards Karamganj village and arrived there at 9.20 AM and saw that the village was surrounded from all directions by the rioters who were burning the houses of Muslims. At the sight of the police, the rioters retreated towards the Railway Station Muslim Tola. The Officer In- charge (PW 22) went there and saw the houses belonging to the Muslims were being burnt there also. The rioters thereafter, went towards the river and from there they started firing upon the Muslims. When the police party arrived at the bank of the river, then the Officer-in-charge ordered his policemen to resort to firing so that the police and victims may be saved. The rioters on the arrival of the police, escaped towards 'Diyara' land. Thereafter, the fard-beyan of Badrul Islam, Son of Md. Kalam resident of village Karamganj was taken at 10.30 AM on the same day wherein Badrul Islam described the occurrence saying that about 500-2000 Hindu rioters variously armed with Farsa, lathi and gun had started firing indiscriminately upon the persons of Muslim community. The Muslims in order to save themselves tried to escape from the village. The mob of rioters was being led by Dayanand Yadav and Jai Jai Yadav. Among the rioters, the informant Identified 52 persons, namely, (1) Dayanand Yadav, (2) Mahendra Yadav, (3) Sajo Yadav, (4) Khelo Yadav, (5) Chitpur @ Ram Baran Yadav (6) Siya Ram Yadav, (7) Jai Jai Yadav, (8) Arun Mandal (9) Ram Bilash Yadav (10) Tarkeshwar Yadav (11) Kailash Yadav, (12) Sajji Yadav (13) Sudhir Kumar Yadav, (14) Dinesh Yadav, (15) Raj Kmar Yadav, (16) Ram Kumar Bhagat, (17) Ram Bhu Yadav, (18) Hari Kishore Yadav, (19) Rajgir Yadav, (20) Raj Janam Yadav, (21) Dukhan Yadav, (22) Subelal Yadav, (23) Ramanand Yadav, (24), Mangal Yadav, (25), Sitaram Tiwary, (26) Tuna Tiwary, (27) Raj Kumar Tiwary, (28) Sikander Yadav, (29) Nandu Bhagat, (30) Bhangi Rai, (31) Dhrub Bhagat, (32) Naro Yadav, (33) Raju Yadav, (34) Sashi Bhagat (35) Kishori Bhagat (36) Bahadur Yadav, (37) Arjun Yadav, (38) Prakash Yadav (39) Malkha Yadav, (40) Nawal Yadav, (41) Dayanand Tiwary, (42) Gaya Tiwary, (43) Satya Narayan Bhagat, (44) Sarchan Yadav, (45) Sarjan Yadav, (46) Tini Yadav, (47) Upendra Yadav, (48) Congressi Yadav, (49) Parsadi Mandal, (50) Anil Mandal, (51) Vijay Yadav and (52) Shankar Yadav. The informant further told that the rioters killed his father Md. Kalam and his younger brother Md. Mahboob Alam, and also killed Md. Sauf, son of late Md. Habib and, Md. Zahir Khan, son of Md. Doman Khan. He further stated that his villagers Md. Kamal Hussain, Md. Nizamuddin, Md. Fakruddin, Md. Nasim, Hafijan Bibi, and one Md. Rizwan of village Kol were the persons who were seriously injured. His villager Wasim @ Karoo was found missing and later on his dead body was also found. The fard-beyan signed by the informant, led to the registration of Sultanganj P.S. Case No. 213 dated 14.11.1989 under Sections 147, 148, 436, 307, 302, 295/364 of the Indian Penal Code and Section 27 of the Arms Act. Inquest reports of the deceased were prepared. The allegations were investigated into. The post mortem reports as well as the injury reports were obtained and after investigation, the case was found to be true and chargesheet was submitted. Accordingly, cognizance was taken and the case was committed to the court of Sessions where the charge under Section 302 Indian Penal Code was framed against Congressi Yadav, Arun Mandal, Jai Jai Yadav, Dayanand Yadav, Dukhan Yadav and Dhrub Bhagat. Charges under Sections 302/149, 148, 436/149, 307/149 and 153 A (1) (b) of the Indian Penal Code were framed against Satyanarayan Bhagat, Dhrub Bhagat, Kishori Bhagat, Jai Jai Yadav, Tarkeshwar Yadav, Ram Bilash Yadav, Hari Kishore Yadav, Mahednra Yadav, Mogal Yadav, Dukhan Yadav, Tunna Tiwari, Ram Janam Yadav, Rajgir Yadav, Naro Yadav @ Naresh Yadav, Subelal Yadav, Sikandar Yadav, Raj Kishore Yadav, Nand Kishroe Yadav, Siya Ram Yadav, Ram Baran Yadav, Bahadur Yadav, Arun Mandal, Sanju Yadav, Anil Mandal, Sarjan Yadav, Sarchan Yadav, Congressi Yadav and Khelo Yadav and Charge under Section 27 of the Arms Act was framed against Jai Jai Yadav, Tunna Tiwari @ Shiv Kumar Tiwari, Mahendra Yadav, Tarkeshwar Yadav, Daya @ Daya Nand Yadav, Sajo @ Saji Yadav, Siya Ram Yadav, Rama Nand @ Kaila Yadav, Sikandra Yadav, Nandu Bhagat, Congressi Yadav, Raj Kishore Bhagat @ Raj Krishna Yadav, Subelal Yadav, Rama Nand Yadav, Sarchan Yadav, Malkha @ Mogal Yadav and Kishori Bhagat.