HAJI AMIN ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Above noted six appeals have been preferred by the Appellants named above against the common judgment dated 24th April, 1989 passed in Sessions Trial No. 63 of 1988/45 of 1988 by the learned 9th Additional Sessions Judge, Rohtas at Sasaram whereby these Appellants were found guilty for the offences under Sections 302/149 IPC, 436/149 and 307/149 IPC and under Section 27 of the Arms Act. All of them have been sentenced to undergo rigorous imprisonment for life each for the offences under Sections 302/149 of the Indian Penal Code. They have further been sentenced to undergo rigorous imprisonment for ten years each for the offences under Sections 307/149 of the Indian Penal Code, rigorous imprisonment for three years each for the offences under Sections 436/149 of the Indian Penal Code and rigorous imprisonment for one year each for the offences under Section 27 of the Arms Act. All the sentences were ordered to be run concurrently.

(2.) The occurrence of the night of 8/9.6.1987 at about 11 P.M. has resulted into killing of 8 (eight) persons and causing injury to 13 (thirteen) persons. The fard-beyan (Ext. 6) of the offence was of Hari Narayan Singh (PW 10) recorded by Sub-Inspector of Police Naresh Chandra Mishra (PW 25) on 9.6.1987 at 8.00 A.M. in village Itawa, P.S. Karghar, District- Rohtas. According to the informant, in the preceding night, his sister Kamla Kumari was to be married with the son of Tribhuwan Singh. A Barati for that purpose has come from village Majhwa of district- Ara. On the eve of marriage the relatives and friends of the informant had come. The Janwasa was arranged in the north western corner of the village. A dance was taking place on that occasion which was being witnessed by the informant's relatives and friends. At about 11.00 P.M. Bernaith (a marriage rituals) was taking place in the Angan of the informant. Some persons of Barati were also present on the eve of Bernaith. Suddenly shots of firing started coming from the side of the house of Mashu Mian (not on trial) and Appellant Amin Ansari. Persons started escaping hither and thither. In the meanwhile the informant and his brother Kalika Singh (PW 5) picked up their licensed rifles and climbed upon their roof and started firing in self-defence. The firing and counter firing continued for sometimes. The accused persons set the thatched house (Palani) on fire. There was sufficient light on account of arson and in that light the informant noticed 25-30 criminals and among them he identified Amin Asnari (Appellant No. 1) having gun, Ijrail Mian (Appellant No. 3 ) having gun, Muni Mahesh Kumhar (Appellant No. 9 ) having gun, Ram Rekha Kumhar (Appellant No. 10 ) with country made pistol, Kailash Ram (Appellant No. 11), Mussuddin Ansari having double barrel gun, Khalil Ansari (Appellant No. 4), Rasul Asnari (Appellant No. 6), Mozaffar Mian (Appellant No. 7), Anish Ansari (Appellant No. 8 ) and Ibrar Ansari (Appellant No. 5)- all resident of village Itwa were identified. The informant also identified Babban Mishra (not on trial ) having rifle, Bilatan Chamar and Ram Bali Chamar (not on trial ) was having gun. The informant claimed to identify others if the opportunity as such was made available. After the accused persons went away, the informant got down from his roof and found Satya Narayan Singh, Jamuna Pandey, Santosh Kumar Singh, Rajeshwari Singh dead having firearm injuries. The informant received firearm injury on his left thigh. The informant also found his brother Radha Prasad Singh (PW 20), uncle Jang Bahadur Singh (not examined), uncle Satya Narayan Singh (PW 18) and Ram Chandra Singh (PW 15), villagers Kashi Mian and Saroj Kumar Singh having firearm injuries. The accused persons retreated shouting Babban Mishra Jindabad, Mashu Jindabad, Changar Party Jindabad and Raghubansh Tiwary Murdabad. Pappu Singh @ Raj Kumar Singh and Shiv Naresh Singhw were also found dead and one dancer was also found killed by the criminals. The persons who were sitting in Janwasa also received firearm injuries. The informant later on came to know that Kashi Mian who was being carried for treatment died on the way. The criminals carried away some articles of the Barat people. The occurrence was on account of the fact that the informant and Kashi Mian were having dispute with Mashuddin Ansari, Amin Ansari, Hanif Asnari, Munni Mahesh Kumhar who were in league with the gang of Changar Dushadh. Taking benefit of the fact that the informant was engaged in marriage, Munni Mahesh Kumhar, Masshuddin Ansari and others have arranged the gang for causing this offence. Another reason was that Raghubnsh Tiwary was one of the guests of the informant on the eve of marriage and Raghubansh Tiwary was having enmity with Babban Mishra and Bilatan Chamar. The fard-beyan was sent to Karghar Police Station where it was received on 12.30 hours on 9.6.1987 and the same resulted into registration of Karghar P.S. Case No. 84 of 1987 under Sections 147, 148, 149, 324, 307, 302, 436, 427, 379 of the Indian Penal Code and Section 27 of the Arms Act. The formal FIR (Ext. 10) was drawn up and investigation was started.

(3.) In nutshell, the case relates to killing of (1)) Satya Narayan Singh, (2) Jamuna Pandey, (3) Santosh Kumar, (4) Rajeshwari Singh, (5) Kasim Ansari, (6) Raj Kumar Singh @ Pappu Singh, (7) Sheonaresh Singh and (8) Manju Kumari and injuring (1) Hari Narayan Singh (PW 10), (2) Radha Prasad Singh (PW 20), (3) Jag Narain Singh, (4) Kameshwar Singh (PW 21), (5) Sanjay Kumar Tiwari, (6) Satya Narain Singh (PW 8), (7) Umashankar Singh (PW 16), (8) Bishunu Dutta, (9) Ram Naresh Singh, (10) Satyanarain Singh son of Chabbu Singh (PW 18), (11) Ramchandra Singh (PW 15), (12) Saroj Kumar Singh and (13) Raghubansh Tiwary.