SHARFUDDIN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The 5th May, 1998 was the most unfortunate and gloomy day for the people of village Narhi situated within the jurisdiction of Sahar Police Station of Bhojpur District, particularly the informant Umesh Kumar Rat (PW 4) on whose family descended a pall of distress and grief. In the gory and heart-rending incident giving rise to the instant case marauders said to be the members of outlawed outfit of extremists popularly known as CPI-ML caused as many as seven innocent persons residing in different parts of the village to be sent to their permanent heavenly abode.

(2.) The facts of the case, lay within a bit longer, compass. The informant Umesh Kumar Rai (PW 4) of village Narhi referred to above was prosecuting his study at about 3.30 p.m. on the 5th May, 1998 at his dalan (also called baithka/darwaza). He hearing sound of firing coming from the eastern side of the village moved outside dalon and noticed that Sudama Prasad, Shamsher Mian, Mushtaque Mian, Rajesh Pandit, Shambhu Sao, Hareshwar Paswan. Ali Sher Mian, Sobhan Sao, Manikchand Sao, Gupteshwar Sao, Sunil Sao, Aklu Pandit, Kamakhya Pandit, Jamalu Mian, Aas Mohammed, Suresh Sao, Ekram Sao, Sharfuddin Mian, Jugal Pandit, Bishram Kahar and Ram Kishore Rai all armed with rifles and guns raising slogans Binod Mishra Zindabad, CPI-ML Zindabad entered into his dalan and they resorted to indiscriminate firing as a result of which his grandfather Nathuni Rai who was sitting on a chauki sustained injuries and dropped dead and soon some of the miscreants broke into the room attached to the dalan wherein the informants father Rajendra-Rai and uncle Mahendra Rai had out of fear taken shelter while other miscreants were standing at the door of the room and Mushtaque Mian opened four rounds of fire on them in the room and after they dropped Gupteshwar Sao and Haresh war Paswan also fired upon them as a result of which they died. The miscreants then raising slogans like the ones referred to above and also that of took revenge of Nanora, incarnate retreated. Soon the informant heard a sound of firing resorted to by the miscreants in the northern side of the village. The informant detecting arrival of the miscreants at his darwaza had out of fear hid himself in his adjacent cow shed and he witnessed the occurrence keeping himself hidden there. After the miscreants left his dalan and informant went out of cow shed and found his grandfather Nathuni Rai, father Rajendra Rai and uncle Mahendra Rai dead.

(3.) Case further is that the informant out of fear did not go outside and he kept himself concealed and confined in his cow shed for the whole night. In the next morning, on arrival of the police he left the cow shed and went to his house situated at the main village and he learnt that, Ramayan Rai and his nephew Uma Shankar Rai Mantu Rai had also been murdered in the Badhar situated to the north of the village by the members of the CPI-ML. He then alongwith others went there and saw the dead bodies of Ramayan Rai and Mantu Rai lying respectively in the bushes and to the north of the Sheesham orchard. He was told by the members of the family of the deceased that they had seen and identified the killers and they would disclose their names. PW 4 then went to the darwaza of his co-villager Pukar Rai who told him that the extremists had killed Venktesh Rai, Jangaldhari Rai, Baleshwar Rai and one Radha Pansari of village Bargaon. It may be mentioned that this case does not relate to the commission of murder of these four persons.