MITHILESH KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) An F.I.R. was lodged on 2.12.1997 at 3.00 p.m. under Sections 147, 148, 452, 307, 364 and 302, I.P.C. against 26 named and 125 unknown persons which was drawn up on the basis of fardbeyan of Binod Paswan recorded by A.S.I., Akhileshwar Kumar Singh, Officer-in-Charge, P.S. Mehandia at 9.30 a.m. on 2.12.1997 at the place of occurrence in Village Lakshmanpur Bathe, P.S. Mehandia, District Jehanabad.

(2.) It appears that after the receipt of the First Information Report, the learned Chief Judicial Magistrate, Jehanabad added offences punishable under Section 3(i)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 120B, IPC.

(3.) The Informant Binod Paswan S/o Ram Chela Paswan R/o Village Lakshmanpur Bathe, P.S. Mehandia, District Jehanabad stated that he and members of his family after taking their meals were sleeping in their house in the night of 1st December, 1997 as also the other residents of the village when at about 10.30 p.m. he heard gun shots being fired and as he attempted to come out of his room, suddenly 10-15 miscreants armed with rifles entered his house and began firing indiscriminately and killed 7 members of his family. The Informant, however, managed to hide behind the Kothi (Earthen Granary) and thus escaped the wrath of the miscreants and after some time, the miscreants went out of his house and half an hour later the Informant heard the slogan "RANVIR BABA KI JAI". The Informant by that time had climbed the roof of his house and noticed about 150 members of Ranvir Sena armed with rifles coming out of the Tola of the village amongst whom he identified 26 persons when they were switching on their flash-lights and named them in the fardbeyan. He stated that those who were residents of Kamta, P.S. Mehandia could be identified by him and he could identify others by seeing their faces and all the miscreants left towards North and after crossing river Sone proceeded towards Chottaki Kharsun village. The Informant further stated that half an hour after the miscreants left the village he visited the house of other villagers and found that several members of their family had been eliminated by the miscreants.