ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY)

Date: 16-01-2018

The present appeal has been filed against the judgment of conviction and order of sentence dated 08.06.1992 and order of sentence dated 09.06.1992 passed by learned 1^st Additional Sessions Judge, Darbhanga in Sessions Trial No. 32 of 1985 / 69 of 1987, arising out of Bahadurpur P.S. case no. 288 of 1983, whereby all the appellants have been convicted under Section 302 read with Section 149 of the Indian Penal Code. The appellant nos.1, 6, 9 and 12, namely, namely, Hari Shankar Lal Das, Ratnesh Lal Das, Harihar Mandal and Lal Babu Mandal, have been further convicted under Section 148 of the Indian Penal Code and rest 11 appellants have been convicted under Section 147 of the Indian Penal Code. All the fifteen appellants have further been convicted under Sections 323 read with Section 149 of the Indian Penal Code and all the appellants have been sentenced to undergo imprisonment for life under Section 302 read with Section 149 of the Indian Penal Code. The appellant nos.1, 6, 9 and 12, namely, Hari Shankar Lal Das, Ratnesh Lal Das, Harihar Mandal and Lal Babu Mandal, have been further sentenced to undergo one year each under Section 148 of the Indian Penal Code and rest 11 appellants have been sentenced to undergo R.I. for six months under Section 147 of the Indian Penal Code. All the fifteen appellants have further been sentenced to undergo S.I. for three months each under Section 323 read with Section 149 of the Indian Penal Code. However, all the sentences have been ordered to run concurrently.

2. The prosecution case in brief is that on 21.10.1983 at 5.00 A.M. in the casualty ward of D.M.C.H., Laheria Sarai, Madhuri Ram reported to Officer-in-charge P.S. Bahadurpur that previous night, after dinner, he along with his family members was at his house. He found persons collecting at the Darwaja of Hari Shankar Lal Das and also heard abuses being hurled upon him. At about 11.00 P.M. a mob constituted by all the 15 accused persons and others armed with Lathies, Bhalas and Garasas came to his Darwaja. Madhuri and his son Shaukhi lighted electric torches, protested and asked the members of the mob to disperse from their Darwaja. Accused Hari Shankar Lal Das, who was armed with a Farsa advanced to attack and also ordered the members of the mob to destroy the house of Madhuri and to kill the members of Madhuri’s family. The members of the mob surrounded the house of Madhuri. At that moment deceased Rameshwar Paswan, Bechan Mochi and Shiv Narayan Paswan, who were coming from Laheriasarai side came to the place of occurrence. They protested against the high handedness of the members of the mob. Under the order of Hari Shankar Lal Das, the members of the mob turned towards Rameshwar Paswan and two of his companion and started assault upon them with lathies, farsa and other arms. Madhuri and his son, Shaukhi, for fear and being assaulted, left their house and ran away. Udit Giri, Mahinder Yadav, Sukkan Paswan and others saw the occurrence, but kept mum for fear of being assaulted. After the members of the mob had gone Madhuri and Shauki returned to their Darwaja and found Rameshwar Paswan, Bechan Mochi and Shiv Narayan Paswan injured and brought them to D.M.C.H., Laheria Sarai. Rameshwar Paswan died of the injuries there. It was stated by Madhuri that the accused persons in their attempt to destroy his house and turned him out of the village committed the offence.

3. On the basis of the Fardbeyan, formal F.I.R. was registered, being Bahadurpur P.S. Case no. 288 of 1983 against all the appellants.

4. The police after investigation submitted charge-sheet and after taking cognizance, the case was committed to the Court of Sessions for trial. The Sessions Court framed charges against the appellants and all the appellants have pleaded not guilty and pleaded that they have falsely implicated in this case. They also pleaded that the place of occurrence is not exhibited,