RAMDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 33 persons were put on trial for committing offences under Sections 302, 436, 302/149, 436/149, 324 and 379 of the Indian Penal Code in sessions case Nos. 237/78, 237 -A/78, 136/80 and 218/80 arising out of the same occurrence. Four sessions cases aforesaid were registered because some of the accused persons had absconded for sometime resulting in bifurcation of the cases of the rest and separate commitment orders passed with respect to them, 28 out of them were acquitted by the trial Court. The rest 5, appellants herein, have been convicted. All of the have been convicted and sentenced to imprisonment for life under Section 302/149 of the Penal Code. They have also been convicted and sentenced to rigorous imprisonment for 5 years under Section 436/149, 1 year under Section 324 and 1 year under Section 379 of the Penal Code. Appellant Nos. 3, 4 and 5 have further been convicted for the substantive offence under Section 302 of the Penal Code and separately sentenced to imprisonment for life. Similarly appellant Nos. 1 and 2 have further been convicted for the substantive offence under Section 436 and separately sentenced to rigorous imprisonment for 5 years. The sentences have been ordered to run concurrently.

(2.) The prosecution of the appellants and others was set in motion on the fardbeyan of Ram Balak Singh. According to him, on 7.5,1978 at 1 p.m. when he was getting the crops thrashed in the khalihan near his Darwaja and his ploughman Naresh Paswan was also there, he saw a mob of 50 -60 persons, all residents of Village Khutahadih -armed with fire -arms such as gun and pistol, and other weapons such as lathi, bhala, etc. coming towards his house. Some of them were carrying lukaris (a burning stick like thing) in their hands. Some of them fired shorts from their guns and pistols. Some others set fire to the house of the informant and others. First of all, appellants Kapildeo Singh alias Kapo Singh and Ramdeo Singh alias Lukho Singh set fire to the house. Two children namely, Sunil Kumari and Pappu aged 5 years and 1 year, respectively, could not be taken out of the house. Both of them sustained injuries and died. It is said that fire was set to the house of Brahmdeo Singh and others thereafter. When persons tried to remove their belongings, the accused persons did not allow them to do so. They snatched the belongings and threw the same in the fire. Appellants Yogi Singh, Chandrika Singh and Karu Singh alias Ramnandan Singh caught hold of Banke San who was trying to run away with his belongings and threw him into the razing fire causing burn injuries and resulting in his death. The informant named 30 persons including appellants as members of the mob. He alleged that there had been altercations in the past between the residents of Chetan Tola and Khutahadih on the issue of commission which the latter were demanding from the residents of Chetan Tola when they went to work at the site where the contractor had dumped boulders which ultimately led to the incident. It would thus appear that although the informant named as many as 30 persons, amongst others, as participants in the crime, he made specific allegations of committing overt acts against 5 appellants herein alone.

(3.) On the basis of the above fardbeyan, Barhaiya P.S. case No. 4(5) 78 was registered in which on completion of investigation, charge -sheet was submitted against as many as 35 persons and 8 others showing them absconders. In course of time, some of the absconders appeared, while some remained absconding. Finally only 33 persons were put in trial in 4 sessions cases referred to at the outset.