LAXMI TANTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The conviction of these appellants named above, is based on the solitary statement of PW 13 Baldeo Yadav, the informant of this case. They were put on trial with ten other accused on the charge that they formed an unlawful assembly with the common object to cut the bamboos from the clump of PW 16 Kishun Pd. Mandal at village Chint Balua under Police Station Purnea, District Purnea and to commit the murder of Bishwanath Singh and Sk. Rafique and thereby they committed the offence of rioting and murder of Bishwanath Singh and of Sk. Rafique and also committed theft of bamboos. The trial Court, under the same judgment, discarding one part of the statements of the said witness PW 13, acquitted 10 of the accused and accepting the other part of his statements held the appellants guilty of the various charges, as detailed out in the judgment impugned against which this appeal arises.

(2.) All the appellants have been convicted under the charge under Sec. 302/149 of the Indian Penal Code (for brevity referred to as 'the Code') and sentenced to suffer imprisonment for life. Appellant No. 1 Laxmi Tanti, appellant No. 4 Akal Tanti and appellant No. 6 Sukhdeo Tanti have further been convicted under Sec. 302/34 of the Code and sentenced to suffer life imprisonment under this charge as well, but the sentences are to run concurrently. They have further convicted of the charge under Sec. 201 of the Code and sentenced to suffer rigorous imprisonment for two years and also under Sec. 379 of the Code and further rigorous imprisonment for two years under this charge as well. The so imposed are again to run concurrently. There was an independent charge under Sec. 148 of the Code against the appellant No. 2. Ramsewak Nonia and appellant No. 3 Sukhdeo Mandal. These two appellants have been convicted under this charge also and sentenced to suffer rigorous imprisonment for two years each. The sentences are again to run concurrently. The rest of the appellants have been further charged under Sec. 147 of the Code and under this charge each one of them has been sentenced to suffer rigorous imprisonment for two years with the same direction that their sentences so imposed are to run concurrently.

(3.) It transpires from the evidence that one Yuvraj Singh, an M.L.A. had sent a written report (marked Exh. 3) to the Inspector of Police stating therein that there was rumour in village Chint Balua that the houses of Musahar in Musahartoli were set on fire and there was possibility of breach of peace. A request was made to the Inspector of Police to take necessary action. It appears that the Inspector of Police contacted the Officer -in -charge of Sadar Police Station, Purnea, who in his turn, started for the village. This information was sent by Yuvraj Singh the some day of the incident, i.e., on 7 -3 -1971 at about 7.40 p.m. The occurrence of rioting and murder, as alleged by the prosecution took place at about 3 p. m. The Sub -Inspector of Police Deonarain Singh, who was then the Officer -in -charge at Sadar Police Station, Purnea has been examined as PW 20. He has said that on getting the message he came straight to the 'Kamath' of PW 16 Kishun Prasad Mandal. The deceased Biswanath Singh and Sk. Rafique and also one Munir were the Kamatias i.e. Sipahis and labourers of PW 16 Kishun Pd. Mandal. The case is that Munir was also brutally injured in the occurrence, but he has not been examined in court as a witness.