CHANDESHWAR MALI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Since both the aforesaid criminal appeals have been preferred against the same Judgment of conviction dated 24.05.1994 and Order of sentence dated 26.05.1994 passed in Sessions Trial No.54 of 1993, by the court of the 1st Additional Sessions Judge, Sitamarhi, both the aforesaid criminal appeals have been heard together and are being disposed of by this common Judgment. By the aforesaid Judgment of conviction and Order of sentence, the appellants Rajendra Mahto and Baban Singh have been convicted under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life, further the appellants Rajendra Mahto, Baban Singh, Kishori Roy, Fekan Singh, Rama Singh alias Ramesh Prasad Singh, Bhairo Singh, Nitya Roy, Ram Bilash Sah @ Bilas Roy (Sah) , Gulab Singh, Kaushal Roy, Tuna Singh, Shankar Singh, Ram Bacchan Singh, Kali Singh alias Krishnadeo Prasad Singh, Kishori Bhandari alias Kishori Mali, Binod Singh, Kulanand Jha, Chandeshwar Mali, Mukund Singh and Mishri Lal Sah have been convicted under Sections 302/149 and Sections 436/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for 10 years respectively, further the appellants Rajendra Mahto, Baban Singh, Kishori Roy, Fekan Singh, Rama Singh alias Ramesh Prasad Singh, Bhairo Singh, Nitya Roy and Ram Bilash Sah alias Bilash Roy (Sah) have been convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and further the appellants Gulab Singh, Kaushal Roy, Tuna Singh, Shankar Singh, Ram Bacchan Singh, Kali Singh alias Krishnadeo Prasad Singh, Kishori Bhandari alias Kishori Mali, Binod Singh, Kulanand Jha, Chandeshwar Mali, Mukund Singh, and Mishri Lal Sah have been convicted under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year with direction to run all the sentences concurrently.

(2.) In brief, the prosecution case is that the informant Wahid Hussain (P.W.31) gave his fardbeyan before the Sub-Inspector N.D. Khan (P.W.42) , the Officer Incharge of Riga Police Station, on 08.10.1992 at about 10.00 P.M. at village-Majhaura to the effect that on 08.10.1992 at about 000 P.M., he was at his house. At that time, Suleman Ansari (P.W.8) came and informed that in southern side of the village, rioters set the house of Abdul Mian on fire and communal riot has been started and made request to do something. He, thereafter, came on bicycle at Majhaura Chowk, where the Magistrate and armed forces were camping and gave information about the occurrence. Thereafter, Magistrate and armed forces proceeded towards the village. He also moved with the armed forces near the house of Mahendra Thakur but he was convinced not to proceed further due to danger, then he entered into the house of Mahendra Thakur and hide himself for one hour in the house. The rioters after committing the loot in the houses of the muslim community and causing assault proceeded in north side of the village towards Majhaura Chowk. At that time, he identified (1) Tuna Singh (2) Bhairo Singh (3) Pawan Singh (4) Baban Singh (5) Shankar Singh (6) Abhay Kumar Singh (7) Kulanand Jha (8) Chandeshwar Mali (9) Kishori Mali (10) Ram Bacchan Singh (11) Kali Singh (12) Rama Singh (13) Fekan Singh (14) Mukund Singh (15) Kishori Roy (16) Nitya Roy (17) Kaushal Roy (18) Ramashray Singh (19) Devendra Singh (20) Mishri Lal Sah (21) Binod Singh (22) Bilash Sah (23) Narayan Roy (24) Lal Babu Singh and (25) Gulab Singh, amongst the rioters, who were 100-150 in number armed with lathi, danda, khukhri, sword, bhala, petrol and kerosene oil and they were raising communal sloagons. When the rioters fled away, then he reached at his house and saw that his house and grocery shop was burnt to ashes by the rioters and some houses of muslim community were also burnt to ashes, some persons were also assaulted and loot was committed in some houses. The dead body of Subhan Mian was recovered at the door of Bhagwati Charan Bharti in the village, whereas the dead body of Lal Jahan Khatoon was recovered near the pond situated in the village sustaining sharp cutting injuries. He also came to know that several persons have also been killed and their dead bodies are being searched by the villagers and the police. The informant claimed that he can identify the members of the rioters on seeing them.

(3.) On the basis of the aforesaid fardbeyan (Ext.6) of the informant Wahid Hussain (P.W.31) , Riga P.S. Case No.127 of 1992 was instituted against the 25 accused persons, named in the fardbeyan by the informant Wahid Hussain (P.W.31) , including the appellants, and some unknown under Sections 147, 148, 149, 302, 201, 436, 324, 153(A) , 427, 379 and 307 of the Indian Penal Code.