S.J. Mukhopadhaya, J. - (1.) IN both the cases, the petitioners have challenged similar orders of dismissal all dated 2nd January, 1992, passed by the Commandant, BMP -3, Govindpur, Dhanbad, in different departmental proceedings, similar appellate orders dated 11th. January/17th March, 1993 as also the similar revisional orders, passed on different dates, and common question of law, being involved, they have been heard together and are being disposed of by this common judgment.
(2.) THE case of the petitioners is that they were deputed as Constables along with others, including Sub -Inspectors of Police, at Khajuri Police Post under Konch Police Station, District -Gaya (Bihar), in the month of January, 1989 to maintain law and order, the area being effected by the Maobadi Communist Center (hereinafter to be referred as 'MCC', as extremist group). On 12th March, 1989 at 5.00 p.m. one Sidheshwar Singh along with Madan Upadhayay and Sitaram Dubey came there for duty. On the same day (12th March, 1989), at 10.30 p.m. while some of them were sleeping, they heard the alarm of the guard "Hosiyar," raised by the Santri, Mandan Upadhyay. Sidheshwar Singh along with other constables of Khajuri Police Post became alert. Ram Pukar Singh, Sub -Inspector (Arms), took position towards eastern side and Sidheshwar Singh took position in western side to assist the constables. They heard 5/6 rounds of firing Due to the dark night, they could not identify the persons, who were making firing, but they could understand that they were the members of the M.C.C group 15 to 20 in number, who had reached at the Police Post in order to snatch away the rifles after attack. When the constables opened fire in their defence, after 15 to 20 minutes of encounter, the extremists fled away towards south. One Yogendra Choubey, a police personnel, was found dead, who had received gun -shot injury on his chest. The rifle was found near his dead body. Dead body of one extremist Suryadeo Ravidas was also found near the dead body of deceased Yogendra Choubey (constable). On 13th March, 1989, Ram Pukar Singh, Sub -Inspector (Arms), lodged fardbeyan, narrating the aforesaid facts. On the basis of which First Information Report was drawn up and Konch Police Station Case No. 26 of 1989 dated 13th March, 1989 was registered for the offences under Sections 148, 149, 302 and 307 of the Indian Penal Code and 27 of the Arms Act, against 17 to 20 unknown extremists. The information was also given to the higher authorities with regard to the extremists' attack and death of one constable and one extremist. One Jamuni Devi, wife of deceased Suryadeo Ravidas, resident of Village -Khajuri, Police Station -Konch, District -Gaya (Bihar), made a separate began before the Officer -in -charge, Konch Police Station, on 13th March, 1989, alleging therein, that in the preceding night about 10.30 to 11.00 p.m. she heard two rounds of firing from northern side near Khajuri Police Post. She also heard hulla towards the village, where Ram Lila was going on. Her husband Suryadeo Ravidas had left the house to know as to what was the matter. No sooner he came out of his house, 2 to 3 constables caught hold of him (Suryadeo Ravidas) and told that he was a bad element and keeps gun and cartridges. It is further alleged that though her husband denied the allegation and stated that there was no complaint against him, the constables took him away after giving slaps on her, which was also witnessed by one Nagina Devi. In the night she could not go to the school but in the morning she narrated the aforesaid facts to Ram Naresh Ram, Teacher, who told her that the police might have taken away her husband for enquiry and later on, he may be released. But her husband did not return and later on, she came to know that her husband has been shot dead. She could come to know the names of the assailants amongst the constables. On the basis of the aforesaid beyan of Jamuni Devi, a formal First Information Report was also drawn up and Konch Police Station Case No. 28 of 1989 dated 13th March, 1989 was registered for the offence under Section 302 of the Indian Penal Code.
(3.) A complaint case being Complaint Case No. 259 of 1989 was also filed by Jamuni Devi on 18th March, 1989 in the Court of learned Chief Judicial Magistrate, Gaya, with respect to the said occurrence, as taken place on 12th March, 1989 between 10.00 to 11.00 p.m. for the offences under Sections 148, 149, 302 and 307 of the Indian Penal Code, naming accused Uma Shankar Dubey, Officer -in -Charge, Konch Police Station, Hare Narayan Singh, ASI and other 18 police personnel of BMP -3, including the petitioners, who were deputed at Khajuri Camp. Names of Nagina Devi, MajuDevi, Sonu Mochi, Ram Krit Mochi and Jawahar Mochi were shown as witnesses. She alleged that on 12th March, 1989 at about 10.00 to 11.00 p.m. she heard sound of firing from the side of Police Camp. Her husband opened the door but he was caught hold of by the police constables and was taken to the Police Post. She wanted to know what was the wrong, committed by him, and" accordingly, made several requests. After sometime, Office -in -Charge of Konch Police Station AS1 of Konch Police Station along with two constable came back and ordered to shoot her husband Suryadeo Ravidas, who was done to death. After hullo, when the villagers reached there, again the BMP constables abused them. It was reported that though she complained the matter before the Superintendent of Police and other higher police officers, she believed that the police officers were trying to save the police personnel, who had committed the crime. However, complaint Case No. 259 of 1989, filed by Jamuni Devi, wife of deceased Suryadeo Ravidas, was dismissed by the learned Chief Judicial Magistrate, Gaya on 4th April, 1990, as even after several opportunities, the complainant did not turn up to pursue the complaint case.;