STATE OF BIHAR Vs. SURENDRA MANJHI

JUDGEMENT

(1.) The two appellants, namely, Surendra Manjhi and Saryug Manjhi were tried by the Additional Sessions Judge- cum-Presiding Officer, Fast Track Court No. II, Nalanda at Biharsharif, with eight other accused personsibr different charges, in Sessions Trial No. 818 of 2005/210 of 2007. The trial ended in judgment dated 6th of June, 2008. While the two appellants were found having committed offences under Sections 147, 148, 158, 120-B, 302, 307, 380, 332, 333, 353, 341, 436, 342 read with Section 149 of the Indian Penal Code, besides, Sections 4 and 5 of the Explosive Substances Act and Section 17 of the Criminal Law Amendment Act, the other accused persons facing trial with the two appellants were not found having committed any offence under the Penal Code as also the Arms Act, and accordingly, they were acquitted. The order of sentence was passed by the learned trial Court on 9-6-2008 and after hearing both the sides under Section 235 of the Code of Criminal Procedure, the learned trial Judge found that it was a rarest of rare cases and directed the two appellants to be hanged by their neck till they were dead. Thus, Death Reference No. 9 of 2008 and Cr. Appeal No. 860 of 2008 are before this Bench.

(2.) The case relates to an incident taking place in the night intervening 11/12th of August, 2005 at about 11.45 p.m. The allegation emanating from the written report (Ext. 3) of P.W.10 Sarvanand Mishra, an Assistant Sub-Inspector of Police posted on the relevant date in Chhabilapur Police Station, is that a mob of about 350-400 persons variously armed with deadly weapons, such as gun, stengun, bomb, petrol bomb, etc. swooped at the police station. On that particular day an accused of another case, namely, Kishori Ravidas had been arrested and he was under police custody and was lying in the premises of the Police Station. The police station did not have any lock up. It is stated that the mob was towards eastern, western and southern sides of the Police Station. The constables on duty, picking up the presence of the mob being there, alerted their other collegues by pointing out to them about the arrival of the M.C.C. men and commanded the mob to stay away from the premises. The mob of M.C.C. persons started firing at the police station and according to the written report there was firing in retaliation by the police also, but the criminals surrounded the police station from all sides, entered int its premises and captured the police station so much so that they took the police personnel in their custody, tied down their hands and feet and looted away all the arms and ammunition of the police station and other properties. The Officer-in-charge of the police station, incidentally, was in his house. The armed criminals hurled bombs including petrol bombs at the police station as a result of which the whole of the police station was set ablaze. The arms and ammunitions seized by the police in connection with different crimes reported to the police station were also taken away. They also took away the arms and ammunitions of the police station which had been kept in the safe custody of the police station.

(3.) During firing, Chaukidar Rambriksha Manjhi died at the spot and Havildar Ramsakal Ram received injuries who also subsequently succumbed to his injuries. In addition to the above, three persons, namely, constable Ramakishore Choudhary, Kishori Ravidas, an accused of another case, and Sarwan Thakur were also injured.