SHAMBHU MAHTO @ SAMBHU SURHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the Appeals are in the 3rd row of batch of cases arising out of Sitamarhi riot of 1992.

(2.) The present batch of appeals have been filed against the judgment of conviction and order of sentence dated 18.10.1993 passed by Shri D. G. R. Patnaik, learned 3rd Additional Sessions Judge, Sitamarhi in Sessions Trial No. 219 of 1992 / 1 of 1993, arising out of Riga P.S. Case No. 123 of 1992, whereby the appellant, Shambhu Mahto @ Shambhu Surhi, of CR. APP (DB) No.548 of 1993, has been convicted under Section 302 of the Indian Penal Code and has been awarded sentence to undergo imprisonment for life. The appellants, namely, Kameshwar Choudhary and Ram Naresh Choudhary, CR. APP (DB) No.493 of 1993, have been convicted under Sections 302/109 and 436/109 of the Indian Penal Code and have been sentenced to undergo Rigorous Imprisonment for life under both counts i.e. under Sections 302/109 and 436/109 of the Indian Penal Code. However, the trial court acquitted Kameshwar Prasad Sinha @ Kameshwar Compounder against whom there was definite case of involvement in the communal riot.

(3.) The prosecution case, in brief, is that on 08.10.1992 at 1.00 P.M. one Momin Khatoon (P.W.3), resident of Village- Madhuban, P.S. and District- Sitamarhi, gave her fardbeyan before the officer-in-charge of Riga police station, namely, N.D. Khan (P.W.6) at Riga Bazar near her burnt house alleging inter alia therein that she after the death of her husband was residing at her father's place since more than 8-9 years in Riga Bazar. At that time her mother and nephew Md. Haroon were also there. At about 11 A.M., she heard halla from bazaar side and out of curiosity she came out of her house and then saw that near the saw mills of Mukesh Chourdhary and Kameshwar Choudhary in frontn of her house some persons had assembled, out of whom most of them were the labourers working in the saw mills aforesaid. It is further alleged that both the saw mill owners were instigating them and were saying that the house situated in front, having the house of Muslim should be set on fire and the inmates should be killed. On this instigation, the labourers of the saw mills, who all are residents of village Bakhri, whom the informant claimed to identify after seeing their face, variously armed with lathi, bhala and Farsa moved forward towards her house, upon which the informant due to fear fled away and concealed herself in the nearby sugarcane field and continued looking towards her house. From there she saw that the rioters set on fire her tiled as well as the thatched house. After the house was set on fire, when her father Rajak Shah, mother Sakila Khatoon came out, both of them were killed by means of Farsa and sword and thrown in the fire. The informant's nephew Md. Haroon, aged 5 years, was also thrown in the fire by the rioters with a view to kill him. In the said occurrence all the aforesaid three family members died and the whole house was also burnt. The occurrence was alleged to have been witnessed by the nearby persons, who on enquiry will disclose.