LALDHARI CHAUDHARY, KAILASH YADAV, RAM BILASH YADAV, RAMSWROOP CHAUDHARY, RAGHU CHAUDHARY, CHANDRIKA CHAUDHARY, SUDESHWAR CHAUDHARY, BHIPAT THAKUR, RAJENDRA CHAUDHARY, KISHORI CHAUDHARY, LALA THAKUR, TRIVENI RAJAK, INDRADEO YADAV, BHOLA CHAUDHARY, BANDH C Vs. STATE OF BIHAR

JUDGEMENT

(1.) The 16 appellants have preferred this appeal being aggrieved by the Judgment and order dated 17.3.93 passed by Sri Someshwar Nath Pathak, the then 8th Additional Sessions Judge, Gaya in Sessions Trial No. 94/115 of 1988/1990 arising out of Chandauti P. S. Case No.2 of 1986 whereby and whereunder appellants Kailash Yadav, Laldhari Chaudhary and Ram Swaroop Chaudhary have been convicted under sec. 148 of the Indian Penal Code and each of them have been sentenced to undergo rigorous imprisonment for six months, all the rest of the accused have been convicted under sec. 147 of I.P.C. and each of them have been sentenced to undergo rigorous imprisonment for six months, accused Kailash Yadav has further been convicted under sec. 448 of I.P.C. and sentenced to undergo rigorous imprisonment for one year and appellant Ram Bilash Yadav has been convicted under sec. 436 of I.P.C. and sentenced to undergo rigorous imprisonment for five years. All sentences were directed to run concurrently.

(2.) The prosecution case is based on the fard beyan (Ext.3) given by one Bankey Mian at about 3 P.M. on 15.1.1986 impleading 18 named persons and 10 unknown others. According to the informant on 15.1.1986 he had, as usual, gone out for work at Karimganj and when he could not secure any work he returned to his village at around 9.30 A.M. and found that the residents of Harijan Tola and Yadav Toll were engaged in a heated controversy and they had almost reached to the level of quarrelling. The reason for the quarrel allegedly related to the stacking of husk at the Kabristan and the Mohammedans and Harijans stood opposed to each other and there was high-pitched exchange of abuse from both sides. Looking at the situation the informant claims to have hid himself inside his own house and he soon heard a loud hue and cry outside his house. He saw Durga Rajak armed with lathi and Kailash Yadav armed with garansa entering into his house through the open door and Durga allegedly gave one lathi blow on the head of the informant and he tried to ward off the same the informant and he tried to ward off the same the informant sustained injury on his hand. It is said that when the informant entreated the accused to let him off Kailash Yadav ordered his associates to drag out the informant which was effectively carried out. On being dragged out of the house the informant saw Laldhari Chaudhary and Ram Swaroop Chaudhary armed with garansa and Ram Bilash Yadav armed with lathi standing under a tree of berries. These persons are alleged to have told the informant to flee or else he alongwith his house would be set on fire. The informant further said that as he began to flee towards the east of his village he saw Ram Bilash Yadav set fire to his thatched hut and he also heard the sound of explosion of bomb. The police arrived and the informant returned and found that his house and the house of some Harijans were gutted in the alleged arson. He claims to have met co-villagers Mustafa, Md. Yasim and Md. Nizam who gave out that the accused Govind Mahto, Nathuni Chaudhary, Raghu Chaudhary, Kishori Chaudhary, Bhola Chaudhary, Natulia Chaudhary alias Sudheshwar Chaudhary, Bandh Chaudhary, Janki Chaudhary, Indradeo Yadav, Dhanpati Chaudhary, Rajendra Chaudhary, Lala Thakur, Bhipat Thakur and 10-15 others had come to the Kabristan variously armed with lethal weapons including bombs and they had stacked pual. A huge crowd from both sides had gathered and Kailash Yadav, Durga Rajak, Lal Dhari Chaudhary, Ram Swaroop Chaudhary, Ram Bilash Yadav and some other persons indulged in abuse and brick batting. The Mohammedans has also gathered and had resorted to brick batting the crowd. The other side is also said to have exploded bombs and fire from pistols and subsequently the informant's house was set on fire. It was also alleged that some Harijans also set fire to their own houses to save their skin from a case which could likely be filed against them.

(3.) On the basis of the said fard beyan Chanduti P.S. Case No.2 of 1986 was registered under sections 147, 148, 149, 452, 323, 337, 338, 307, 436 of I.P.C., 27 Arms Act and 3/5 of Explosive Substance Act against the 18 F.I.R. named accused and 5-10 unknown others.