MD. ARIF Vs. STATE OF BIHAR

JUDGEMENT

(1.) . Appellants Lakshman Mandal, Yoganand Mandal @ Joga, Ratnakar Mandal, Dijal Mandal, Nitya @ Nityanand Mandal, Prakash Mandal have been found guilty for an offence punishable under Section 302 IPC and have been sentenced to undergo R.I. for life, Md. Arif has been found guilty for an offence punishable under Sections 302/109 IPC and sentenced to R.I. for life, appellant Yoganand Mandal @ Joga, Nitya @ Nityanand Mandal, Lakshman Mandal, Prakash Mandal, Ratnakar Mandal, Narayan Mandal and Dijal Mandal, have been found guilty for an offence punishable under Sections 436/149 of the IPC and sentenced to undergo R.I. for 10 years, appellant Jai Prakash Mandal, Lakshman Mandal, Md. Jamil, Prakash Mandal, Narayan Mandal, Nityanand Mandal, Ratnakar Mandal, Ratnakar Mandal, Bito Mandal, Yoganand Mandal @ Yogendra Mandal, Sukhdeo Mandal, Md. Arif, Md. Hafizuddin, Md. Jamil, Md. Kafil, Mojibur Rahman, Md. Mustakim, Md. Tajuddin have been found guilty for an offence punishable under Section 302/149 IPC and sentence to undergo R.I. for life, appellant Sukhdeo Mandal, Jai Prakash Mandal, Lakshman Mandal, Md. Jamil, Prakash Mandal, Narayan Mandal, Nitya @ Nityanand Mandal, Ratnakar Mandal, Dijal Mandal, Bito Mandal, Yoganand Mandal @ Yogendra Mandal, Sukhdeo Mandal, have been found guilty for an offence punishable under Section 148 IPC but no separate sentence was passed. Remaining appellants Md. Arif, Md. Hafizuddin, Md. Jamir @ Md. Jamil, Md. Katil, Md. Mojibur Rahman, Md. Mustakim, Md. Tejauddin have been found guilty for an offence punishable under Section 147 of the IPC but no separate sentence was passed and further there was a direction to run the sentences concurrently vide judgment of conviction and sentence dated 28.02.1988 passed by Sixth Additional Sessions Judge, Purnea in Sessions Trial No.283 of 1986, 126 of 1987 have filed these eight appeals. With the consent of the parties these appeals have been heard together and are being disposed of by a common judgment.

(2.) THE prosecution case in nutshell as is evident from the fardbeyan (Ext.-4) of Shankar Rishideo (PW-1) dated 02.03.1986 recorded at the Darwaja of Satya Narayan Sao, his co-villager before the Officer-in- charge, Bhawanipur P.S. at about 02:00 PM is that on the same day at about 08:00 AM mason of contractor, Md. Arif has come to engage the labourers for casting roof of hospital being constructed in the village. They were demanding Rs.10/- per day while the mason was ready to pay Rs.4/- and day meal over which an altercation ensued. During course thereof, Shambhu Singh and Kamomuni of village Maligaon came and chided the mason as he was insisting. The mason became annoyed therewith and forbid them not to interfere in between. On account thereof, an altercation took place in between the mason as well as Shambhu. Thereafter, Shambhu Singh and Kamomuni had gone to Tirasi Tola for milk while the mason had gone to inform his contractor Md. Arif. Thereafter, Md. Arif along with Yoganand Mandal @ Joga went towards village-Sheikhpura and Bhameth over motorcycle. At about 09:00 AM Shambhu Singh and Kamomuni returned back having milk and sat at Mushhari Tola. Meanwhile Md. Arif leading mob of 50-60 persons belonging to village-Sheikhpura, Manjhat, Jadua, Sripur raising an alarm "Maro-Maro" proceeded towards Shambhu Singh, Kamomuni and Pardeshi Risideo. The members of the mob were armed with lathi, Bhujali, Farsa, gun, Bow and Arrow seeing whom, Shambhu, Kamo and Pardeshi ran towards their village to save their skin. When they reached near the house of Satya Narayan Sao, they found themselves having encircled by the members of the mob and then, seeing no an alternative, they hidden themselves inside outer room of Satya Narayan Sao. The members of the mob tried to attack during midst thereof Kamomuni and Pardeshi tried to escape there from who were brutally assaulted by the members of the mob with Bhala, Farsa, Lathi causing instantaneous death. Thereafter, the members of the mob began to fire upon Shambhu Singh who was inside the room. Seeing no alternative, Shambhu Singh also fired from his gun on account of which some of the members of the mob have sustained gun shot injury and out of them one died. Then thereafter, some of the members of the mob climbed over porch of the house of Satya Narayan Sao and began to thrust the fire stick inside room on account of which Shambhu Singh died. The informant had claimed identification of Md. Arif, Sukhdeo Mandal, Yogendra Mandal, Prakash Mandal, Lakshman Mandal, Gujai Mandal, Narayan Mandal, Nityanand Mandal, Ratnakar Mandal, Dijal Mandal, Bito Mandal, Jai Prakash Mandal, Vijay Kumar Mandal, Fakra @ Fakruddin, Jalil, Md. Tajuddin, Md. Perwez, Md. Hafizuddin @ Hafizuddin, Md. Mojibur Rahman, Md. Jamil, Md. Kafil, Md. Hafiz, Md. Mustakim. He also disclosed that Fakra was armed with gun, Perwez was armed with gun, Sukhdeo was armed with sword, Yogendra was armed with country made pistol, Prakash was armed with Farsa, Lakshman Mandal was armed with Garasa, Gujai Mandal armed with Lathi, Kusai Mandal armed with Lathi, Narayan Mandal armed with bow and arrow. Luta @ Nityanand Mandal armed with Bhala, Ratnakar Mandal armed with country made pistol, Jai Prakash Mandal was armed with Bhala, Dijal Mandal armed with Farsa, Bito Mandal armed with bow and arrow and rest of them were also accordingly armed with. When firing from the room was stopped, then Perwez, Fakra, Ratnakar and Yogendra broken the door and out of whom Perwez took away gun of Shambhu Singh. Thereafter, all the members of the mob escaped there from being satisfied with the death of Shambhu Singh. Maheshwar Rishi, Uday Rishi (not examined). Kanhai Rishi (not examined) along with others have witnessed the occurrence.

(3.) THE defence case as is evident from mode of cross- examination as well as from statement recorded under Section 313 of the Cr.P.C. is of complete denial of occurrence and of false implication. It has also been submitted that Shambhu Singh and Kamomuni were notorious person of the locality and in the aforesaid background, they were insisting upon the prosecution party to pay rangdari and getting themselves dishonored, shot at Kalim @ Kalmuddin at the site of hospital for which they were taken to task by the persons at the places of Satya Narayan Sao for which on the fardbeyan of Satya Narayan Sao Bhawanipur P.S. Case No.19 of 1986 was registered without having identification of any of the culprit responsible therefor. To support the same apart from examining DWs, series of document have also been exhibited.