MD YUNUS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These are five appeals on behalf of the five accused persons, who have been convicted at the same trial on charge of conspiracy and arson. The appellants in Criminal Appeals Nos. 185 of 1969, 187 of 1969, 195 of 1969 and 199 of 1969 have been convicted Under Section 120-B read with Section 436 of the I. P. C. and sentenced to undergo rigorous imprisonment for 10 years. They have also been convicted under Rule 41(5) of the Defence of India Rules, 1962 (hereinafter referred to as 'the Rules') and sentenced to undergo rigorous imprisonment for five years, by the Second Additional Judicial Commissioner of Chotanagpur at Ranchi. So far as the appellant in Criminal Appeal No. 210 of 1969 is concerned, he has been convicted Under Section 436 as well as Under Section 120-B read with Section 436 of the I. P. C, and sentenced to undergo rigorous imprisonment for 10 years under each count. He has been further convicted under Rule 41(5) of the said Rules and sentenced to undergo rigorous imprisonment for 5 years. However, the sentences of all the appellants have been directed to run concurrently. As common questions of law and facts are involved in all these appeals, by consent of the parties, they have been heard together and are being disposed of by a common judgment.

(2.) The prosecution case, in brief, is that these accused persons along with several others, had entered into a conspiracy in between February, 1964 and December, 1964, to blow up the Batia Plant, an important industrial complex of India at Ranchi. In the night of 10-9-1964, smoke had been coming out of the Exhaust Store Shed in E shed at about 1.45 A. M. One Balesihwar Mahto (P. W. 31), a constable who had been on duty, raised alarm and other guards reached there. They discovered that fire was burning in 10 or 12 crates of valuable machineries kept in the E Shed. The key of the Shed was missing and ultimately the lock of the Shed was broken and with the help of the Fire Brigade, it was extinguished. Due to the fire, about six crates containing electrical goods and machineries imported from outside India were destroyed causing a loss of rupees eight lacs. A first information report was lodged in respect of the said incident Under Section 436 of the I. P. C. against unknown persons. The case was investigated by A. K. Biswas (P. W. 42), who, during investigation, found some burnt match sticks near the stores aforesaid, Marks of violence were also found on the shutters. Again on 24-12-1964, at about 5 P. M. constable Lachhi Ram (P. W. 33) saw smoke coming out of crate in 0.7 building and he raised alarm. The Fire Brigade was informed. P. W 46, the Offi cer-in-charge, Hatia Police station, reached the spot and on inspection found partly burnt cotton waste soaked in something like kerosene oil at a distance of about 11/2 from the bottom of the affected crate. During the course of investigation, Sri R. D. Singh (P. W. 46) came across three persons, namely, Chambar Singh (P. W. 2), his sister Salmi Reza (P. W. 14) and one Basirul Haque (appellant in Criminal Appeal No. 210 of 1969), who were working in that building near the affected crate immediately before the smoke had been seen. It was found that these persons were working till 4.30 P. M. inside the building 0.7 with cotton waste, blown lamp with kerosene oil, matches and solder drops at that time. Salmi Reza and Chamar Singh stated before him that Basirul Haque, the appellant on pretext of making water, went near the place of incident and, thereafter, an alarm of fire was raised. Thereafter, Basirul Haque, the appellant, was tackled by the Investigating Officer and he ultimately pointed out to him the place where they were working. There waste cotton, jute, piece of solder, drop of Ranga were found at the spot which were seized. The accused Basirul Haque was arrested on 27-12-1964 and he made a judicial confession, which was recorded by Shri K. K. P. Sinha (P. W. 27), Subdivisional Officer, Ranchi Sadar, on 5-1-1965. As a result of the confession made by the accused Basirul Haque, the names of other accused, namely, Ali Hassan, Nisar Ahmad came to light. AH Hassan, the appellant in Criminal Appeal No. 195 of 1969, was arrested on 2-1-1965 and he made a judicial confession on 8-2-1965 which was recorded by Sri N. K. Sharma (P. W. 30), Magistrate, First Class, Ranchi. Nisar Ahmad, the appellant in Criminal Appeal No. 199 of 1969. was arrested on 2-3-1965 and he also made a judicial confession which was recorded by Sri N. K. Verma (P. W. 28), Magistrate, First Class, Ranchi on 9-3-1965. During the course of investigation, the Investigating Officer contacted one Syed Sayeeduddin (P. W. 1) at Delhi and he made a confession regarding his complicity in the conspiracy for attaining the aforesaid object. The confession was recorded by Sri V. K. Bhalla (P. W. 15), a Magistrate, First Class, at Delhi. According to the prosecution, after communal riot at Jamshedpur and Rourkela, which took place in March and April, 1964, some of the Muslims of Heavy Engineering Corporation and Ranchi had organised a secret organization at Ranchi which was named as 'Khufia Tenzeem'. The president of the said organisation was appellant Nisar Ahmad. Its Secretary was appellant Ali Hasan. Accused Md. Yunus, appellant in Criminal Appeal 185 of 1969, was its member. The members of the said organisation had a feeling that the Muslims have no place in India and one day or other they have to leave this country and go to Pakistan, but before that, they wanted to damage the industrial concerns of India, particularly the Heavy Engineering Corporation, to create chaos and disorder and to cause destruction of the economic condition of India. This was for the purpose of taking revenge of the communal trouble. The aforesaid Syed Sayeeduddin (P. W. 1) was proprietor of Paramount Travel Service, Juma Masjid, Delhi. He was known to some officers of Pakistan High Commission in New Delhi. In August, 1964, appellants Nisar Ahmad and Ali Hassan went to Delhi and met Syed Sayeeduddin (P. W. 1) and they were taken to the office of Pakistan High Commission by P. W. 1. There they contacted one Gulam Ahmad, Second Secretary to the Pakistan High Commission and one Asik Khera. Gulam Ahmad paid Rs. 5.000.00 for the aforesaid purpose.

(3.) After investigation, charge sheet was submitted against 13 persons, including these appellants and aforesaid Syed Sayeeduddin and they were summoned to stand the trial. During the pendency of the commitment proceeding before the Magistrate at Ranchi, Syed Sayeeduddin was given pardon under Section 337 of the Cri. P. C., 1898 (hereinafter referred to as 'the Code'). At the trial, he was examined as an approver. Some of the accused persons, who had been summoned to stand trial, were discharged by the committing magistrate, and on revision being filed on behalf of the State, the Judicial Commissioner directed three, namely, Abdul Quayum, Md. Moin and Badruddin, out of the persons who had been discharged, to be put on trial, but they absconded and they have not been arrested thereafter.