RAM BALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In a pre-concerted attack in the morning of 4th March, 1975, it shall appear from the fact stated hereinafter, the appellants in a mob of 30-40 persons attacked Radheyshyam Thakur in the Court-yard of his house, who to save himself went into the house of his agnates which was contiguous to his house and concealed himself in the kitchen where P.W.4 Imirti Devi was cooking food, but the members of the mob even entered into the said kitchen, dragged Radheyshyam, assaulted him in the Court-yard of Imirti Devi and also in the sahan with lathi, bhala and garasa. The appellants were, accordingly, charged under Sections 302/34, 452 and 148 of the Indian Penal Code (for short 'I.P.C.'). In the eventual trial learned 2nd Additional District and Sessions Judge, Madhubani, has convicted the appellants under Sections 302/34, 452, 148 and 201 of the Indian Penal Code and suitably sentenced them for the said offences.

(2.) The police arrived at the house of Radheyshyam on information given to it by the Chaukidar (P.W.11) who stated that in the night of the 3rd of March, 1975 there was some incident at the sradh of the sister-in-law of one Pragash Thakur (co-accused who is dead) about which he had also informed the police and in the morning of the 4th March, 1975 he had learnt that Ram Pragash and Ramsagar (both deceased) and appellant Ram Bali Thakur along with others were making preparation of committing arson etc. at the house of Radheyshyam. The police however, came but after the occurrence and recorded the fard-beyan of P.W.7 Chandrika Devi the mother of Radheyshyam. Assistant Sub-Inspector Arjun Prasad (P.W.10), who recorded the fard-beyan, also held local inspection and found blood at some places in the kitchen of Imirti Devi (P.W.4), Court-yard and the darwaja and seized the same and prepared seizure list. He found some brick-bats, the roof of the kitchen broken at places and tiles removed and since the information revealed that the dead body of Radheyshyam had been taken to the burning ghat, he went in search thereof, but found fresh signs of burning of dead body covered with fresh earth. He also found smell of kerosene oil in the ash and seized it. He also, recovered from the river a bone which was cut from a certain body and sent it for examination to Darbhanga Medical College Hospital, where it was medically examined by the Head of the Department of Forensic Science of the Darbhanga Medical College. P.W.8 Dr. J.K. Lalla, who examined the said bone, found that it was that of a human male which was cut by a sharp cutting weapon. The Assistant Sub-Inspector of Police (P.W.10) also prepared a sketch map of the place of occurrence, examined the witnesses and after completion thereof submitted charge-sheet. Pragash Thakur died before the trial and Ramsagar Thakur died during the trial. Initially appellant Rajeshwar Thakur had absconded and so declared by the Chief Judicial Magistrate, but subsequently he appeared and was also put on trial. In the eventual trial the appellants have been convicted as stated above.

(3.) P.W.7 Chandrika Devi in her report stated that on the day of occurrence the deceased was washing his mouth in the Angan when the accused persons came. They included Ramsagar, Ram Pragrash (both dead) and appellants Ram Bali Thakur, Dharkan Thakur, Ram Rekha Thakur, Jugal Thakur, Jinis Thakur, Ramchandra Thakur alias Bauka and Baliram Thakur besides others. According to her report when the mob arrived Radheyshyam fled away in the Angan of Imirti Devi (P.W. 4) which was adjoining her house. She (P.W. 4) after a while went to the durukha and saw appellant Jinis Thakur with 3-4 persons dragging Radheyshyam out of Angan of (P.W. 4). They brought Radheshyam in the sahan of her darwaja. Appellant Ramchandra alias Bauka assaulted him with bhala at his chest. Appellant Ram Bali at Pakhura, and other persons assaulted him with lathi. In her deposition in the Court she has, however, said that appellant Rajeshwar assaulted Radheyshyam on his stomach and appellants Jeetan, Jinis, Jugal assaulted Radheyshyam with garsa and appellants Dharkan, Ramrekha, Baliram and Madan assaulted him with lathi. She has also said that Radheyshyam died on the spot and after his death the accused persons took his dead body towards east, that is to say towards river Kamala. P.W. 4 Imirti Devi has deposed that she was in her kitchen cooking food, when Radheyshyam came running inside the kitchen and bolted the door from within saying that a haseri was coming. Immediately following him the mob came and they pushed the door from outside. When the door, however, did not open, some members of the mob climbed on the roof, removed tiles etc. and from above appellant Ramchandra alias Bauka gave a bhala blow on the chest of Radheyshyam, appellant Rambali gave a bhala blow on his pakhura, appellant Rajeshwar assaulted him with bhala on Punjara and appellant Kawal Kishore on stomach by bhala. They entered into the kitchen from the roof, broke open the doors and dragged Radheyshyam out of the kitchen and took him in the angan. Radheyshyam was assaulted in the angan and then taken to the sahan where too he was assaulted. P.W. 2 Sudama Devi, who has deposed that she was present in the Court-yard of Imirti Devi, has said that at the time of occurrence she saw Radheyshyam entering into the house of Imirti Devi followed by 30-40 persons constituting a mob. She then saw the mob dragging Radheyshyam and while assaulting him taking him to the sahan of the darwaja. P.W. 6, who is the son of Imirti Devi, has said that he was not in the house as he had gone to ease himself in the morning of the day in the fields but on hearing alarm he came and got himself concealed beneath a pillar standing north-west of the house of one Rajeshwar which was in front of his own house intervened by a road and from there he saw the members of the mob dragging out Radheyshyam from his Court-yard to the sahan and assaulting him. He has said that appellant Ramchandra alias Bauka, appellant Rambali, appellant Nawal Thakur and appellant Satyanarain assaulted Radheyshyam with bhala, appellants Jugal Jinis and Jitan with garasa and appellants Dharkan and Ramrekha with lathi. He has further said that accused persons took the dead body towards the River Kamala. P.Ws. 1 and 5, who are brothers and first cousins of deceased Radheyshyam have also deposed as eye-witnesses. P.W. 1 a young lad aged about 16 years and P.W. 5 aged about 22 years have deposed supporting the prosecution case in material particular. P.W. 1 has said that he had been at his darwaja when the mob of 30-40 persons came armed with bhala, garasa and lathi and added that they threw brickbats over the house of Radheyshyam who was washing his mouth in the Court-yard. Radheyshyam rushed through a galiari in the kitchen of the house of P.W. 4 Imirti Devi and concealed himself. About 15-20 persons out of the said mob entered first into the house of Radheyshyam and having not found him therein entered into the house of Imirti Devi (P.W. 4). Thereafter he saw Radheyshyam being dragged out of the angan of P.W. 4 at the darwaja where he was assaulted. He has also said that the accused persons dragged the dead body of Radheyshyam to the cremation ground and burnt it with wood and kerosene oil. When they could not succeed in completely burning the dead body, they cut the body into pieces and threw it in Kamla River. He has named appellant Ramchandra alias Bauka and appellant Ram Ball as the assailants by means of bhala on the chest and neck of Radheyshyam and appellants Jinis, Jugal and Jitan and appellant Ram Pravesh with garasa on the back, stomach, Panjara and right hand respectively. He has also said that appellants Ram Rekha, Madan and Dharkan assaulted Radheyshyam with lathi. P.W. 5 Shanker Thakur has said that he was inside the Court-yard when he heard the alarm of the mob. He along with the father of Radheyshyam came out and saw about 14 to 15 persons. Father of Radheyshyam implored with folded hands but appellant Ramrekha assaulted him with lathi and when he went to save him he was dragged. He has said that Radheyshyam was washing his mouth at that time in the Court-yard. To escape he entered into the house of P.W. 4 and concealed himself in the kitchen. Appellants Ramchandra alias Bauka, Rajeshwar, Rambali and Kawal climbed on the roof of the kitchen, made holes by removing tiles etc. and assaulted Radheyshyam with bhala from above. Thereafter he saw that the victim was dragged out in an injured condition from the angan to the darwaja where appellants Jinis, Jeetan, Jugal dragged him and threw him down. He has also said that the mob took away the dead body of Radheyshyam towards Kamla River. According to his deposition he saw that appellant Baliram brought kerosene oil and with the help of wood and kerosene oil the accused persons set fire over the dead body but when they could not completely burn it, accused Shyamnandan, Pragas and Ramsagar cut the dead body into pieces with a Kulhari and threw the pieces into Kamla River.