STATE OF BIHAR Vs. SABIR MIAN @ LUTANIA MIAN

JUDGEMENT

(1.) Death Reference No. 1 of 2011 and Criminal Appeal (D.B.) No. 331 of 2011 arise out of the judgment of conviction and order of sentence dated 11.3.2011 and 16.3.2011 respectively passed by the learned 2nd Additional Sessions Judge, Banka in Sessions Trial No. 408A of 1998 arising out of Belhar P.S. Case No. 78 of 1997 dated 8.7.1997 by which Sabbir Mian @ Lutania Mian has been convicted for the offence punishable under Section 396 of the I.P.C. and has been awarded death sentence. A reference has been made to the Patna High Court for the confirmation of the death sentence under Section 366 Cr.P.C. Death Reference No. 2 of 2011 and Criminal Appeal (D.B.) No. 140 of 2012 arise out of the judgment of conviction and order of sentence dated 12.12.2011 and 17.12.2011 respectively passed by the learned 2nd Additional Sessions Judge, Banka in Sessions Trial No. 355 of 2010 arising out of Belhar P.S. Case No. 78 of 1997 dated 8.7.1997 by which Dehru Khaira @ Laiya @ Naiya has been convicted for the offence punishable under Sections 396 and 201 of the I.P.C. and has been awarded death sentence for the offence punishable under Section 396 of the I.P.C. No separate sentence has been awarded under Section 201 of the I.P.C. A reference has been made to the Patna High Court for the confirmation of the death sentence under Section 366 Cr.P.C.

(2.) Since all the cases arising out of Belhar P.S. Case No. 78 of 1997, as such, all the cases have been heard together and are being disposed of by this common judgment.

(3.) The prosecution case as disclosed from the written report is that on 7.7.1997 at about 6.30 P.M., five persons, namely, the informant Mrigendra Kumar Singh @ Pappu Singh, Biplav Kumar Singh (since deceased) and Ramjee Kumar Yadav on one Kawasaki Motorcycle and two on another Rajdoot Motorcycle, namely, Shishupal Singh and Shankar Kumar Singh (since deceased) were returning after making advance payment to Bishundeo and Johari Pandit for fish. At that very time, six unknown criminals variously armed with revolver, dagger, rod, chain, bow and arrow and bomb etc. were standing at Spillway Bridge near Badua Dam. The motorcyclist had to stop the vehicle because of the obstruction and at that very time these appellants and other criminals took away money, watch, ring etc. from the possession of the informant and others. Thereafter, the accused persons tide their legs and hands on their back with the assistance of the Lungi of the informant. In the meantime, three more persons including Pankaj Bhagat (since deceased) with two of his relatives came on their scooter and they were also robbed of their belongings by the miscreants. Soon thereafter, a tractor of Saloni Murmu loaded with sand being driven by Sukar Pandit alongwith labourers Mahesh Pandit, Subhash Sao, Dasrath Pandit and Raj Kumar Sao arrived and those persons were also robbed of their belongings. At the behest of Sardar of the gang of the criminals several persons were thrown and pushed down into the water of Badua Dam one after another by tying their hands/arms behind their back, as a result thereof, seven persons died. Some of the persons, who were thrown in the dam namely, informant, Shishupal Singh and Ramjee Yadav anyhow managed to save themselves from drowning. They rushed to the nearby village-Biji Khorwa and reported about the occurrence and police was informed at 2.00 A.M. on 8.7.1997 which was situated at 8 Kms. away from Spillway Bridge Badua Dam. Belhar P.S. Case No. 78 of 1997 was lodged for the offence punishable under Sections 396 and 201 of the I.P.C. and Section 27 of the Arms Act. After investigation, charge-sheet was submitted against eight accused persons including the appellants. Cognizance was taken and the case was committed to the Court of Sessions where the charge was framed on 28.3.2006 in Sessions Trial No. 408A of 1998 against the appellant Sabbir Mian @ Lutania Mian under Sections 396 and 201 of the I.P.C. and charge against the aforesaid sections have been framed against Dehru Khaira @ Laiya @ Naiya in Sessions Trial No. 355 of 2010 on 22.4.2010 to which they denied and claimed to be tried. After the trial, the appellant Sabir Mian @ Lutania Mian has been convicted under Sections 396 of the I.P.C. and death sentence has been awarded. Similarly, after the trial, the appellant Dehru Khaira @ Laiya @ Naiya was held guilty under Section 396 and 201 of the I.P.C. for the dacoity with murder and disappearance of the evidence vide judgment dated 12.12.2011 passed in Sessions Trial No. 355 of 2010 and after hearing on the question of sentence Dehru Khaira @ Laiya @ Naiya was awarded death sentence for the offence under Section 396 of the I.P.C. on 17.12.2011. No separate sentence has been awarded under Section 201 of the I.P.C. Original record of the case alongwith the judgment passed by the learned 2nd Additional Sessions Judge, Banka was sent to the Patna High Court for reference under Section 366 Cr.P.C. for confirmation of death sentence.