A mere presence in a mob does not equate to liability for criminal acts unless it is proven that the individual contributed to or shared the common object of the unlawful assembly.

JUDGMENT :

Amitendra Kishore Prasad, J.

1. Since both the above-captioned appeals arise from the same impugned judgment of conviction and order of sentence dated 10.02.2015, they are being heard together and decided by this common judgment.

2. Both these criminal appeals preferred by the respective appellants herein under Section 374(2) of the Cr.P.C. are directed against the impugned judgment of conviction and order of sentence dated 10.02.2015 passed in Sessions Trial No.40/2006 by the Special Sessions Judge, Jajgir-Champa, by which the appellants stand convicted & sentenced as under:-

(All sentences were directed to run concurrently)

3. Case of the prosecution, in brief, is that on 09.12.2004, a local fair (Raut Madai Bazaar) was being held at Chandipara, Pamgarh. On that night, Mahesh Khare (Guruji), along with Tulsi and Surendra Singh (a liquor distillery employee), went to the distillery to consume liquor. The next day, 10.12.2004, Mahesh Khare (Guruji) went missing, which caused considerable concern among his relatives and the local community. As a result, a large number of people gathered at Pamgarh Police Station. Police started investigating by questioning Tulsi, Surendra Singh, and other distillery employees. During this process, Mahesh Khare’s torch and cap were recovered from Paswan, the helper of the distillery. Subsequently, a rumour spread that a dead body was found in a nearby pond. Upon inspection, the dead body was identified as that of Mahesh Khare (Guruji). On 10.12.2004, at about 4:00 PM, while the manager of the Pamgarh liquor distillery Santosh Singh along with Vijay Prasad Soni, Vishnu Tiwari, Changur Yadav and driver Bhim Singh, were in the distillery office, a large mob arrived in an enraged state. The mob, led by accused- Kamala Khunte, was shouting slogans such as “beat them up” and “set them on fire.” People from the crowd began pelting stones and several accused, including Rakesh Khunte, Manoj Bharti, Bhaskar Bharti, Radheshyam, Amar Jangde, Bhagwanlal, and others, armed with sticks, forcefully entered the distillery premises. The mob vandalized the distillery office, destroyed jeeps and motorcycles parked outside, broke oil tanks, and deliberately set them on fire. Accused- Manoj Bharti wetted a cloth with oil and placed it on the rear part of a jeep, which was then set on fire by accused- Rakesh Khunte. The fire spread to other vehicles, engulfing them in flames. Several accused, including Bhagwanlal’s son Devkumar and Dr. Ram Sagar, attempted to set fire to the distillery office itself. Upon breaking the office’s front door, the manager of the liquor shop, Bhola Gupta, was recognized by the accused. He was chased and brutally assaulted by accused persons namely Manoj Bharti, Bhaskar Bharti, Bhagwanlal, Radheshyam, Dr. Ram Sagar, Amit, and others, using sticks, and was left for dead. Thereafter, the police arrived shortly and rescued the victims by breaking open the back door of the office. The accused persons namely Kamala Khunte, Rakesh Khunte, Manoj Bharti, Bhaskar Bharti, Radheshyam, Santosh, Amit, Amar, Devkumar, Baliram Patwari, Chhotu, Dr. Ramsagar, Vijay, Mahesh, Umesh Dileram, Bhuru Driver, Sonu, Sanat, Brijbhushan, Ratan, Bhagwanlal, and approximately 25-30 others collectively participated in the attack. They caused extensive damage to the distillery office, brutally assaulted Sanoj Kumar Paswan (helper) and other individuals namely, Manoj