SHYAM SUNDAR MODI 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 riot ers 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.) IT is evident from the format of charge that the appellants were charged under the aforesaid heading for commission of an offence both at village -Bela as well as Tara Kunda. However, during course of trial, it is evident that all the witnesses, namely, PW -1 Md. Halim Ansari, PW -2 Abdul Kayum Ansari, PW -3 Moyuddin, PW -6 Kamruddin who deposed on factual aspect belong to village -Tara Kunda and they have alleged the occurrence having been committed at the end of appellants including others at village -Tarakunda while PW -4 Sanjay Kumar, PW -5 Mahendra Ram happens to be formal in nature. However, PW -7 Sachidanand Singh happens to be the seizure list witness whose evidence has got no bearing on the prospect of prosecution case.