STATE OF BIHAR Vs. GIRJA SINGH

JUDGEMENT

(1.) The Death Reference and 20 Criminal Appeals arise out of judgment/ order dated 07.04.2010 passed by 1st Additional Sessions Judge, Patna in Sessions Case No. 2 of 1999, arising out of Mehandia P.S. Case No. 126 of 1997, whereunder Accused Nos. 1 to 26, namely, Girja Singh, Surendra Singh, Ashok Singh, Gopal Sharan Singh, Baleshwar Singh, Dwarika Singh, Bijendra Singh, Nawal Singh, Balram Singh, Nandu Singh, Shatrughan Singh, Nand Singh, Pramod Kr. Singh, son of Gopal Sharan, Dharichan Singh, Chandeshwar Singh, Ram Kewal Sharma @ Kawal, Dharma Singh, Shiv Mohan Sharma, Ashok Sharma, Babloo Sharma, Mithilesh Sharma, Navin Kumar, Ravindra Singh, Sunil Kumar, Pramod Singh, son of Late Sankh Singh and Surendra Singh have been convicted for the charge under Sections 147, 148, 302/149 read with sections 120B, 460, 307/149 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the "Act"). Having convicted the aforesaid accused, learned trial court sentenced accused Nos. 1 to 16, namely, Girja Singh, Surendra Singh, Ashok Singh, Gopal Sharan Singh, Baleshwar Singh, Dharma Singh, Dwarika Singh, Bijendra Singh, Nawal Singh, Baliram Singh, Shiv Mohan Sharma, Nandu Singh, Pramod Singh, Shatrughan Singh, Ram Kewal Sharma @ Kawal and Nand Singh to suffer death sentence for the offence under Sections 302/149 read with section 120B of the Indian Penal Code. Accused nos. 17 to 26, namely, Ashok Sharma, Babloo Sharma, Mithilesh Sharma, Dharichan Singh, Chandeshwar Singh, Navin Kumar, Ravindra Kumar, Surendra Singh, Sunil Kumar, Pramod Singh have been directed to undergo R.I. for life under Sections 302/149 read with Section 120B of the Indian Penal Code and to pay a fine of Rs. 50,000/- each. Accused nos. 1 to 26 have been further directed to undergo R.I. of one, two, five years with fine of Rs. 5,000/-, ten years with fine of Rs. 25,000/- each under Sections 147, 148, 460, 307/149 of the Indian Penal Code respectively. Accused Nos. 1 to 26 have further been sentenced to undergo R.I. of one year, one year with fine of Rs. 1000/- each under Section 27 of the Arms Act and Section 3(2)(v) of the Act. The sentences imposed on accused Nos. 1 to 26 have, however, been directed to run concurrently.

(2.) Reference of Accused No.17, Dharma Singh is not being considered as from the judgment itself it appears that he absconded on 07.04.2010 and was not available for receiving the sentence on the same day. During the pendency of the reference, Accused No.1, Girja Singh and Accused No. 18 Shiv Mohan Sharma died on 14.8.2012, 16.9.2010 respectively. After confirming their death, reference made, appeal filed by the two has been directed to abate against them under order dated 8.2.2012.

(3.) Prosecution case of Mehandia P.S. Case No. 126 of 1997, as set out in the fardbeyan of Binod Paswan, son of Ram Chela Paswan of village Laxamanpur Bathe, P.S. Mehandia, District Jehanabad recorded by S.I. Akhilendra Kumar Singh, Officer Incharge, Mehandia P.S. on 02.12.1997 at 9.30 A.M. in village Laxmanpur Bathe is that in the night of 01/02.12.1997 at about 10.30 P.M., informant, his family members as also other villagers having taken their meal were sleeping in their house(s), suddenly heard indiscriminate shots being fired. Informant, his family members awoke and were coming out of their rooms, suddenly 10 -15 miscreants armed with rifle forcibly entered into his house and resorted to indiscriminate firing killing seven of his family members, namely, Kunwar Paswan, Amar Paswan, Rita Devi, Kabutari Devi, Anoj Paswan, Raj Rani Devi and Rohan Paswan. While the firing was going on, informant somehow saved himself by going behind the earthen Storage. After killing the family members of the informant, miscreants went away. After half an hour of the incident, slogan proclaiming victory of Ranvir Baba was heard whereafter informant climbed the roof and saw about 150 miscreants of Ranvir Sena armed with rifle. From amongst the miscreants informant identified in the torchlight his 19 co-villagers, namely, (1) Phanish Kumar Singh, son of Birendra Singh (2) Ashok Singh son of Indradeo Singh (3) Anjani Singh son of Dwarika Singh (4) Pramod Kumar Singh son of Gopal Singh (5) Gopal Singh son of Awadhesh Singh (6) Baliram Singh son of Awadhesh Singh (7) Dharikshan Singh son of Jhulan Singh (8) Surendra Singh son of Mahavir Singh (9) Dwarika Singh son of Bodha Singh (10) Nand Singh son of Late Kameshwar Singh (11) Chandeshwar Singh son of Kameshwar Singh (12) Kawal Singh son of Late Shital Singh (13) Nawal Singh son of Majani Singh (14) Bhukhan Singh son of Ramdhyan Singh (15) Girja Singh son of Late Patiram Singh (16) Nandu Singh son of Baleshwar Singh (17) Baleshwar Singh son of late Parshuram Singh (18) Bijendra Singh son of Sidhnath Singh (19) Shatrughan Singh son of Ram Ekbal Singh, all of village Laxmanpur Bathe and 7 miscreants of village Kamta, namely, (20) Dharma Singh son of Shiv Shamra (21) Ashok Sharma son of Naresh Sharma (22) Shiv Mohan Sharma son of Mangal Sharma (23) Surendra Singh son of Rampyare Sharma (24) Sudarshan Sharma son of Triveni Sharma (25) Babloo Sharma son of Dwarika Sharma (26) Mithilesh Sharma son of Vijay Sharma.