- (1.) These Criminal Appeals have been filed against the judgment of conviction and order of sentence dated 22nd June 2011, passed by the learned 1st Additional Sessions Judge, Giridih in Sessions Trial No. 170 of 2008, convicting the appellants Chhattar @ Chhatrapati Mandal, Manoj Rajwar, Anil Ram and Jitan Marandi, for the offences under Sections 148, 302/149, 307/149, 342, 379/149 and 120 -B of the Indian Penal Code; under Section 27 of the Arms Act and under Section 17 of the Criminal Law Amendment Act (CLA Act) and sentenced to undergo R.I. for two years each for the offence under Section 148, IPC; one year each for the offence under Section 342, IPC; three years each for the offence under Section 120 -B, IPC; seven years each for the offence under Section 307/149, IPC; seven years each for the offence under Section 27 of the -Arms Act; six months each for the offence under Section 17 C.L.A. Act. The accused -appellants have further been sentenced to undergo death penalty for the offences under Section 302/149, IPC.
(2.) THE Death Reference has been filed by the State for confirmation of the death sentence awarded to all the accused -appellants, named above, which has been registered as Death Reference No. 3/2011, whereas the said appeals have been filed by the accused -appellants against the impugned judgment. The prosecution case, in short, is as follows :- PW 17 Puran Kisku, a police personnel who was deputed as bodyguard of Sri Nunu Lal Marandi, younger brother of Sri Babu Lal Marandi, Ex -Chief Minister of Jharkhand, lodged a fard beyan before the police at 3.30 hours in the morning on 27/10/2007 to the following effect : - Due to protest against the M.C.C. activities, the family of Sri Nunu Lal Marandi was in the hit list of MCC extremists. At village Chilkhari, a Football tournament was organized by the workers and local citizens of Jharkhand Vikash Morcha on 26/10/2007. After the prize distribution ceremony, a cultural programme was organized, in which Sri Marandi was the Chief Guest. About 3000 -4000 persons assembled there from all parts of the Districts and neighbouring districts of Bihar to watch the cultural programme, in which Sri Marandi was also present. At about 12.15 hours, programme was inaugurated by Sri Marandi. At that time, 12 armed personnel were present near the dias in the dress of police personnel, about which the informant thought that they were C.R.P.F. personnel, deputed there for security purposes. After an hour, those armed persons left that place. The cultural programme continued till 0.30 hours. All of a sudden, 40 -50 persons came near the dias from the side of the green room in the dress of villagers and started firing with carbine from the dias. At that time no police personnel were present there. It was further alleged that 8 -10 persons fell down on the dias after receiving firearms injuries. One of the Maoists came on the dias and announced the name of Sri Nunu Lal Marandi from the mike but Sri Marandi visualizing grave situation, fled away from that place after leaving his coat and saved his life. The Maoists again started firing due to which the informant received one firearms injury on his left hand. Then the informant concealed himself under the dias. The Maoists group were telling and calling each other as Chiraj Jee, Paresh Jee, Vivek Yadav, Sunil, Jitan, Bishun Rajwar, Albert, Lakhan, Deepak and Gaga etc. It is further alleged that all of them raised slogan like M.C.C. Jindabad, Arm Revolution Jindabad, Babu Lal Marandi Murdabad and moved towards North -East side towards the jurisdiction of Chakai Police Station. At about 2.45 a.m., when the police personnel and CRPF personnel reached at the place of occurrence, 17 persons were found dead. The names of 17 persons have been mentioned in the FIR including the name of Anup Marandi, the nephew of Sri Marandi and one unknown person. It is further alleged that 12 persons were found having firearms injuries on their persons. It is further alleged that the miscreants took away licensee DBBL gun of personal bodyguard of Sri Marandi. (After lodging of the FIR, two more persons succumbed to the firearm injuries. Thus in total, 19 persons died, whereas 12 persons were injured by firearms.) On the basis of the said fardbeyan (Ext -2.5), formal FIR was drawn up, investigation continued, charge -sheet was submitted, cognizance was taken and the case was committed to the Court of Sessions.
(3.) THE accused -appellants pleaded not guilty and claimed to be tried. Their defence was total denial of the prosecution case. They also took the plea of false implication.;