PAWAN SINGH & ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present appeal, the appellant Pawan Singh seeks to challenge and set aside the judgment and order of conviction dated 24th May, 1994 passed in Session Trial No. 225 of 1992, whereby and whereunder the Court of 1st Additional District and Sessions Judge, Sitamarhi, has been pleased to convict the appellant No. 1 to 7 under Section 302/149, 435/149, 436/149 and 147 of the Indian Penal Code, and also appellants 8 to 14 were convicted under Sections 302/34, 201/34, 302/149, 435 and 436/139 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life, under Sections 302/149 and 302/34 respectively, whereas appellants 8 to 14 were further sentenced to undergo rigorous imprisonment for five years under Sections 201/34. All the appellants were sentenced to undergo rigorous imprisonment for 10 years under Section 436/149 of the Indian Penal Code, five years under Section 435/149 and appellant Nos. 1 to 7 were convicted for one year under Section 147 of the Indian Penal Code and appellant Nos. 8 to 14 were sentenced to undergo one year under Section 148 of the Indian Penal Code. All sentences referred to above have been ordered to run concurrently against the petitioners.

(2.) The prosecution case, in short, is that on 08.10.1992, Informant Shamshul Haque (P.W.-2) went to the shop of Jawahar Gupta for telephonic talk but, the telephonic talk could not materialize and he remained there till 12:00 Noon. By that time, he found that the situation of market was not normal and he also heard rumours that communal riots had spread towards Riga Bazaar and shops have been set on fire. He also saw, that a mob variously armed with weapons was coming from Northern side and started setting fire on the Parchun Shop of Jumman Mian and also damaged the shop. Out of the mob numbering 30-35 persons, he identified Tuna Singh, Shanker Singh, Pawan Singh, Hari Ram Singh @ Bhutkun, Vishwanath Mandal, Shivjee Keshari Singh, Manoj Singh and Abhai Singh and they were armed with iron rod, lathis, sword, bhala, barchhi, kirich and farsa etc., who were mainly participating in the riot and were shouting anti-Muslim slogans. In the meantime, shops of the other Muslims at the Bazar were also damaged by the members of the mob. In the meantime, Jawahar Gupta, Baiju Sah, Madan Jee, Jitendra Prasad and others asked the informant to conceal himself and, thereafter, the informant ran away and entered into his house. In the meantime, the informant also witnessed that arson was taking place at Imali Bazar also and the shops of Sadique Mian were set on fire. The informant identified Hari Ram Singh holding a gallon of K. Oil in the mob at Imali Bazar and also a Kirich in his right hand. In the meantime, those persons who have set fire in the shops of Juman Mian collected at Imali Bazar and others also joined them out of whom the informant identified Parmanand Jha, Astha Jha, Rameshwar Jha, Ashok Rai, Hem Nath Prathhasth, Raj Kishore Prathhasth, Parikshan Kapar, Ram Surat Rout, Shail Singh, Bhola Thakur, Shambhu Singh, Bibhuti Kumar Jha, Ajay Jha, Ramesh Mahto and Sikichand Mahto who were shouting communal slogans. Further, the prosecution case is that he kept himself closed in his house alongwith the family members. At that time, the mob came near the house of the informant and started breaking open the main door and rear door of the informant's house. The rioters also began to break open the house of Md. Munif, brother of the informant, from front and back.

(3.) Further, the case of the prosecution is that he peeped from the back door and saw his mother Wahida Khatoon lying in an injured condition with bleeding injury. Subsequently, he saw that his brother Md. Munif wanted to run away from his house to save himself, but was attacked by Shanker Singh, Hari Ram Singh, Vishwanath Mandal and others by means of Lathi, Bhala, Kudal (spade) etc. and he was badly injured and became unconscious. Then the members of the mob lifted him and brought him on the road and threw him on the flame of fire of burning shops. The informant's brother tried to run away but the miscreants again assaulted him and threw him on the flame of fire. He has further stated that in the same flame the informant's bed and other commercial articles, his Hero Honda motorcycle and the articles of his brother's house were thrown by the miscreants. The informant's brother Md. Munif died there. He has further stated in his Fardbeyan that the mob proceeded towards east in the village. The further case of the informant is that he came out of his house later on and saw the houses of Saddique Saheb, Rafique, Sattar and other Muslims have been looted away and set on fire. The house of the informant's brother Habib, Hanif, Jimdar and Munif were also looted away causing loss of properties worth Rs. One Lakh of the informant and his brother. The informant claims to identify the other members of the mob and stated that other persons of the Bazar and other people had also seen the occurrence who would disclose about the names.