SARJUN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 8th June, 1992 and the order dated 9th June, 1992, passed in Sessions Trial No.600/1990R by Sri Vikramaditya Prasad, 3rd Additional Sessions Judge, Bhagalpur, whereby he has been pleased to convict the appellant under Section 436 and 380 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and a fine of rupees one thousand and in default to undergo rigorous imprisonment for a period of one and half year under Section 436 of the Indian Penal Code and three years rigorous imprisonment and a fine of rupees five hundred and in default rigorous imprisonment for nine months under Section 380 of the Indian Penal Code. He further ordered that the sentences will run concurrently.

(2.) The prosecution case, in brief, is that on 9.12.1989 eleven persons with their signatures filed a written report (Exhibit-2) before ASI of Phulidumar P.S. within the district of Bhagalpur to the effect that on 31.10.1989 (Tuesday) at about 1.30 p.m., a strong mob of rioters collected near village Laugaim, Tola Mohammad Nagar, P.S.Phulidumar, where the abovementioned eleven persons have got their houses. Being afraid, all the eleven persons, after entrusting their house hold articles to their neighbours, fled away from the village. In the meantime rumor spread about the arrival of police and so the mob retreated but again came back after the informant and others left their houses. They started ransacking the houses of minority, community and after looting the house hold articles they set fire to their houses. The informant and others after running away from their houses came to the west of the village and hid themselves by the side of the canal and from there they witnessed the entire occurrence. Amongst the rioters they identified Jhopra Yadav, Dhani Yadav, Prasadi Yadav, Sarjun Yadav, Suliya Yadav, Jyotish Yadav, Molho Yadav, Nagtu Yadav, Kailu Yadav, Kishori Yadav and Krishna Nand Singh. It is said that all the rioters were from village Kenduar.

(3.) On the basis of above said joint written report (Exhibit-2), Amarpur (Phulidumar) P.S. Case No. 242, dated 9.12.1989 was instituted against all the eleven named accused. After institution of the case, the police investigated the case and thereafter submitted charge-sheet against all the named accused persons. After submission of charge-sheet, cognizance was taken and the case was committed to the Court of Sessions. Thereafter, the accused persons (now appellants) were put on trial and by the impugned judgment and order they were convicted and sentenced to undergo imprisonment as stated above.