SHYAM SUNDAR MODI SON OF LATE GANESH LAL MODI; KRISHNA KUMAR MODI SON OF LATE ISHWAR LAL MODI; BALDEO RAJAK SON OF LATE BIND RAJAK; DAMODAR SAH SON OF LATE YADU SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Shyam Sundar Modi, Krishna Kumar Modi, Baldeo Rajak, Damodar Sah have been found guilty for an offence punishable under Sections 148, 380, 149, 436/149, 153(B) of the IPC vide judgment dated 10.06.2013 and sentenced each of them to undergo R.I. for two years, R.I. for three years, R.I. for seven years, R.I. for three years respectively with a further direction to run the sentences concurrently vide order dated 14.06.2013 by the Second Additional Sessions Judge, Bhagalpur in Sessions Trial No.180 of 1999 (R) have preferred instant appeal.

(2.) On 08.11.1989 Chowkidar, Sibu Tuti (not examined) filed written report (Ext.-1) disclosing therein that on 07.11.1989 at about 04:00 P.M. the rioters raided houses of Muslims lying at village Bela and lit fire in their houses dismantled the houses, looted away belongings. Same set of rioters also raided Musalman Tola of village-Tara Kunda where they indulged in arson, damaged the articles, looted away belongings. It has also been disclosed that Muslims of both the village have already left the village two days prior to the occurrence along with their family members as well as belongings.

(3.) On the basis thereof, Belhar P.S. Case No.160 of 1989 was registered and investigation commenced. Charge sheet was submitted against so many persons including the appellants whereupon the trial of others is found separated while these four appellants proceeded with and convicted and sentenced in a manner challenged under instant appeal.