MALLICK KALAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Earlier a report was called for from the Superintendent of Police, Nawada, with regard to death/alive status of all the appellants, from which it appears that appellant no. 6, namely, Mallick Kalam and appellant no. 2, namely, Mallick Faruq has died during pendency of the appeal, as such, this appeal with regard to appellant nos. 2 and 6 stands abated.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 08.10.2002, passed by Shri Shiva Shankar Sharma, the then learned 1st Additional District & Sessions Judge - cum- Special Judge, Nawadah in Spl (H) Case No. 59 of 1995, by which the appellants, above named, stood convicted under Section 436/149 of the Indian Penal Code (hereinafter referred to as the "IPC") and were sentenced to undergo R.I. for 3 years and under Section 380 of the IPC and were sentenced to undergo R.I. for 1 year. Appellant No. 1, namely, Mallick Kalan was also convicted under Section 324 of IPC and was sentenced to undergo R.I. for 01 year. Appellant Nos. 2, 3 and 8 were further convicted under Section 148 of the IPC and were sentenced to undergo R.I. for 1 year. All the sentences were directed to run concurrently.

(3.) Prosecution case as per the fardbeyan of Rameshwar Mahto (P.W. 18) recorded by the police, in short is that on 14.05.1992 at 2.00 P.M., he was present at his house and he heard hulla and found that there was a quarrel between appellant Mallick Chanda and Jairam Sao and both were coming to blows after taking toddy. Further prosecution case is that, thereafter, supporters of appellant Mallick Chanda including other appellants and 20 to 25 unknown persons assembled and attacked his house and set his house on fire as a result of which his double storied house burnt to ashes. Prosecution case further disclosed that one Prasadi Mahto, who was coming along with his sister Shibia Devi from Gobalraji was assaulted brutally by the accused persons and accused persons taken away his dead body. It is further alleged that rioters wandered in the village and several houses including the dwelling house of Ganauri Paswan Suda Paswan, Hari Paswan, Bishun Paswan, Kishun Paswan, Dukhan Paswan and others were set on fire and the articles of the houses were looted away by the accused persons. Bombs were exploded and fire arms were used indiscriminately. It is alleged that the communal riot had flared up due to wordy exchange of words between appellant Mallick Chand and Jairam Sao and on invitation of appellant Mallick Chand, other appellants/accused resorted to arson. Thereafter, injured were taken to hospital for their treatments and statement of informant was recorded. On the basis of the aforesaid statement, Pakaribarawan P.S. Case No. 30/92 for the offences punishable under Sections 148, 149, 323, 324, 307, 380 and 436 of the IPC as well as under Section 3(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to "SC/ST Act") was registered.