STATE OF BIHAR Vs. RATTU KORA & ORS

JUDGEMENT

(1.) Aforesaid five appellants were convicted and sentenced to death by judgment of conviction and sentence dated 22-05-2017 and 25-05-2017 respectively passed in Sessions Trial No. 319 of 2015 by Sri Jyoti Swaroop Srivastav, learned Additional Sessions Judge 1st, Munger (hereinafter referred to as 'Trial Judge') and as such, both the aforesaid appeals and Death Reference were taken up together and are being disposed of by this common judgment.

(2.) All the appellants by judgment dated 22-05-2017 were held guilty and convicted under Sections 302, 353, 147, 148, 341, 307 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and Sections 3, 4 and 5 of the Explosive Substances Act, 1908 (hereinafter referred to as 'Explosive Substance Act'). By order dated 25-05-2017, for commission of offence under Section 302 of the I.P.C., all the aforesaid five appellants were sentenced to death. They were directed to be hanged by neck till their death. They were also imposed a fine of Rs. 50, 000/- (fifty thousand) each and in default of payment of fine, they were directed to further undergo simple imprisonment for a period of six months. For commission of offence under Section 353 of the I.P.C., all the aforesaid appellants were sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 10, 000/- (ten thousand) each and in default of payment of fine, they were directed to further undergo simple imprisonment for one month.

(3.) Short fact of the case is that on 10-04-2014 at 6:00 A.M. (morning), one Sri Shambhu Kumar Paswan, S.H.O. of Gangta O.P. Kharagpur Police Station recorded fardbeyan of C.R.P.F. F/131 Assistant Commandant Gunjan Kumar (P.W.3) posted in Bhimbandh in the district of Munger. The said fardbeyan was recorded in the Gangta Out Post, Kharagpur Police Station. In the fardbeyan, the informant/Assistant Commandant C.R.P.F. stated that on the same date i.e. on 10-04-2014 in the morning at about 2.00 hrs. (night) from Bhimbandh camp with six section of F/131 led by him and three sections of C/131 (C.R.P.F.) led by Inspector J.P.Rajan (P.W.4), left Bhimbandh for the purposes of conducting Lok Sabha Election, 2014 for Gangta O.P. on foot. The aforesaid party from Gangta O.P. was to move to pre-fixed booths, after taking polling party. At about 4:26 hrs. in the morning the party was proceeding about 1.5 k.m. ahead of northern area from <IMG border=1 src="http://www.indialawlibrary.com\images\110918-a62.jpg"> (Sawa Lakh Baba) through Jamui-Gangta main road towards Gangta O.P. on foot, in the meanwhile, suddenly about three feet away from the metal road towards western side, there was blast of a land mine. Simultaneously, from the western side of the road, miscreants, who had ambushed, started indiscriminate firing to disturb the election, which put hurdle for discharge of official duty of the police party. To save their life, he alongwith his whole party in a planned-manner started firing to break the ambush. In the meanwhile, in said operation, Havildar Sone Gaura, Hav. Ravindra Rai and Constable Ashok Kumar Besra received fire-arm injury. This information was gathered from other jawans. The informant, with a view to get clear-cut idea regarding number of extremists, took assistance of available zone equipment to break the ambush. After encounter, some injured miscreants leaving ambush started fleeing away and while fleeing away, they raised slogan <IMG border=1 src="http://www.indialawlibrary.com\images\110918-a6jpg"> (Maowadi Zindabad). While extremists were lifting injured, they were talking and the informant could recollect the name of such persons/extremists, such as; 1. Prawesh @ Anuj Da, 2. Arvind Da, Gopal Das, 4. Bablu Das, 5. Sidhu Koda, 6. Baleshwar Koda, 7. Arjun Koda, 8. Ratta Koda (app. 1 in Cr.App.DB No. 773/17), 9. Babulal Yadav, 10. Adhiklal Pandit (app.3 in Cr.App.DB No. 773/17), 11. Puna Koda, 12. Pintu Rana, 1 Anil Koda, 14. Phulchand Koda, 15. Dhyanchand Koda, 16. Dharmendra Koda, since at the time of occurrence aforesaid Maowadi were addressing among themselves with their names and they were saying to flee away.