- (1.) Instant Death Reference, Cr. Appeal arise out of judgment of conviction, order of sentence dated 23/30.03.2015 passed by Additional District & Sessions Judge-1, Sheohar in Sessions Trial Case No. 58 of 2011, whereunder appellants herein have been convicted for the offence under Sections 302/149, 307/149, 436/149, 323/149 read with 120(B), 147 of the Penal Code, sentenced to suffer Capital punishment under Section 302/149 of the Penal Code, Rigorous Imprisonment for 10 years with further direction to pay fine of Rs. 5,000/- each under Section 307/149 of the Penal Code, in default of payment of fine to suffer further imprisonment for a period of six months, Rigorous Imprisonment for 10 years with further direction to pay a fine of Rs. 5,000/- under Section 436/149 of the Penal Code, in default of payment of fine to suffer further imprisonment for a period of six months, one year for the offence under Sections 323/149, 147 of the Penal Code respectively. Appellant Nos. 1, 2 have further been convicted for the offence under Section 27 of the Arms Act, sentenced to suffer Rigorous Imprisonment for three years with direction to pay fine of Rs. 1,000/-, in default of payment of fine to suffer further imprisonment for three months. The sentences, however, have been directed to run concurrently.
(2.) Prosecution story, as set out in the fardbeyan of Subodh Kumar Yadav, son of late Siyaram Yadav, resident of Village Ramban, P.S. Shyampur, Bhataha, District- Sheohar, recorded by Jitendra Prasad, Officer-in-Charge, Piprahi Police Station on 22.05.2010 in Sub-Divisional Hospital, Sheohar at 7:00 A.M. is that on 21.05.2010 at 7:30 P.M. he was at the entrance door of his house situate in Village Ramban, was engaged in chit-chat with his family members. Meanwhile, three persons riding a motorcycle, number whereof is not known to the informant, suddenly came to his entrance door from eastern side, moving towards west. Out of the three motorcycle riders two were identified by the informant as Suresh Sahni, son of Gagan Sahni, resident of Kararia, Hamid Ansari, son of not known to the informant, resident of Gorhia Tola in the solar/generator light. Both were armed with carbine, swiftly came to the entrance door, resorted to indiscriminate firing causing through and through injury to his father. In presence of the informant his father succumbed to the injury. At the same time Maoists, 60-70 in number not only approached, surrounded the house of the informant from eastern side but also attacked with fire-arm, bombs and other lethal weapons. One shot each caused injury to his brother Bhola Yadav, uncle Bhagwan Rai, Villager Manohar Thakur, all residents of Ramban, P.S. Shyampur Bhataha and riddled their body. Dead body of all the persons strewn around. The miscreants also cut the dead bodies into pieces which the informant could see in the generator/solar light. Amongst the miscreants, informant could identify Pankaj Singh, son of Sri Bijali Singh, resident of Ramban armed with double barrel gun, Binay Singh, son of late Ram Devi, resident of Ramban was identified firing from his rifle, Wali Mohammad, son of late Mazhar was also identified firing from the rifle, Birendra Sahni, son of not known to the informant, resident of Gorhia Tola within Shyampur Bhataha Police Station was seen with Petrol Container which was used for setting ablaze the house. Gagandeo Sahni, son of late Bhuali Sahni, resident of Gorhia Tola was identified firing from sophisticated A.K. 47, Ugan Ram, son of not known, resident of Village Benipur, P.S. Shyampur Bhataha was identified firing from gun. Santosh Kumar Sah, son of Shukdeo Sah, resident of Village- Gorhia Tola was seen cutting dead bodies into pieces with a sword. Bhagirath Sah, son of not known to the informant, resident of Village Rohua within Shyampur Police Station was seen sprinkling petrol on the house, jeep as also setting the two ablaze. Dinesh Das, son of not known to the informant, resident of Village Rohua was found wielding farsa. Suren Paswan, son of not known to the informant, resident of Village Rohua was seen carrying oil container, sprinkling oil and setting ablaze the house. All the extremists having formed an unlawful assembly with the help of weapons, cartridge, bomb and after sprinkling oil set ablaze the house and the vehicle. The dead bodies of the four deceased were riddled with bullets, cut into pieces. All the extremists while raising slogan were not only asking about the whereabouts of Subodh Rai but also resorted to indiscriminate firing. One of the shots first caused injury on the right hand of the informant and then hit his stomach, the wound began to ooze blood. Informant somehow showing courage bandaged the wound with the help of a towel, continued to see the occurrence. The entire belongings of the informant including that of all his family members i.e. clothes, boxes, saree, jewelry, were destroyed in the fire. The documents concerning the land, motorcycle, driving licence kept in a box were also destroyed in the fire. The wheat, maize kept in the bamboo storage in front of the house was also destroyed in the fire. Commander Jeep parked at the entrance door of the informant was also set ablaze. The entire family members of the informant as also his neighbours could not retaliate as fear prevailed. Aforesaid named and other(s) unknown extremist killed the father of the informant, his brother and uncle as also villager by firing shot on them, cut their dead bodies into pieces. The entire belongings of the informant including his house, vehicle was set ablaze after sprinkling petrol over the same. All the accused persons named in the fardbeyan as also unknown extremists let loose bloody violence at the house of the informant for 45 minutes. All the extremists after committing the occurrence raised slogan in the name of victory for Maoism and wished ill to the agents of the policemen, went towards south. After reaching Ramban Market, forcibly took Vishwar Thakur, son of Prabhu Thakur, resident of Ramban Bazaar, P.S. Shyampur Bhataha in a field nearby and cut him to pieces, threw his dead body. His house was also sprinkled with kerosene oil and set ablaze which was completely destroyed. Informant claimed in his fardbeyan that all the named extremists as also the unknown having planned the occurrence because they were aggrieved by the conduct in the Panchayat elections killed his father, brother, uncle and two villagers as also injured him. Informant also stated that his entire property, house, vehicle (Jeep), ornaments, utensil, papers were destroyed by sprinkling petrol, setting the same ablaze. By raising the slogan in the name of Maoism, the miscreants have been able to establish a reign of terror. Informant not only read his fardbeyan but the same was also read over to him, he having found the contents correctly recorded, put his signature over the same.
(3.) Officer-In-Charge, Piparahi Police Station having recorded the fardbeyan forwarded the same to Officer-in-Charge Shyampur Bhataha Police Station for necessary action and on the basis of the fardbeyan Shyampur Bhataha P.S. Case No. 27/10 dated 22.05.2010 for the offences under Section 302 and other allied Sections of the Penal Code, Section 27 of the Arms Act, Sections 3, 4 of the Explosive Substances Act, Section 17 of the Criminal Law Amendment Act was registered by Sub Inspector Sri Ram Dubey of Shyampur Bhatahan Police Station on 22.05.2010 at 11:25 A.M. stating that he has already taken up the investigation of the case and thereafter forwarded the First Information Report to the court but from Column No. 15 of the First Information Report it does not appear as to when the same was sent to the court. The First Information Report was, however, received in the court on 24.05.2010. The inquest over the three dead bodies of Sri Bhagwan Rai, Bhola Kumar Rai alias Mukesh Rai and Siya Ram Rai found in the Sahan of the informant was conducted at the place of occurrence in the morning of 22.05.2010 at 7:40, 7:50 and 8:00 A.M. respectively in presence of Shambhu Rai, Santosh Rai, the two co-villagers of the informant. Inquest over the dead body of Manohar Thakur was also conducted on the same day at 8:15 A.M. Inquest over the dead body of Vishwar Thakur found in the Ramban Market was conducted on the same day at 8:30 A.M. in presence of M/s Ramroop Rai, Sudhir Kumar Singh, resident of Village Ramban. Perusal of the five Inquest Report (Exhibit-13 series) indicate that the four deceased were done to death by inflicting fire-arm injuries and the 5th deceased Vishwar Thakur was inflicted sharp cut injuries. After inquest proceedings over the five dead bodies the dead bodies were sent for conducting post mortem to Sadar Hospital, Sitamarhi on 22.05.2010, post mortem was also conducted on the same day, as would appear from the five Post Mortem Reports (Exhibit-4 series). The Post Mortem Reports also confirm that the four deceased were done to death by inflicting fire-arm injuries, Vishwar Thakur was killed by inflicting sharp cut injuries. After dispatch of the dead body place of occurrence was inspected, incriminating materials like empty cartridge, bloodsoaked soil etc. were also seized from the place of occurrence vide seizure-list dated 22.05.2010 at 10:00, 11:00 A.M. vide Exhibits-9, 8. During investigation of the case materials suggesting that the accused persons were members of the extremist organization were also recovered and seized on different dates vide seizure-list (Exhibit-10, 12).;