PW 15, PW 16 and PW 23 were doctors who proved the injury reports and the post mortem report.
The supporters of Chhotan Shukla belonging to the Bihar Peoples Party gathered in large numbers at the hospital.
At about 4.15 p.m. when the procession came near Khabra Village on the National Highway, the shouts Maro Maro were heard from the midst of the procession.
It appears that PW 17 and PW 21 were number aware of any shooting incident at all and they were under the impression that the deceased had been injured by the assault of the mob after he was pulled out from the car.
The projectile after entering the left cheek and damaging above organs have passed away from oval cavity.
Sahi and Shashi Shekhar Thakur A 1, A 2, A 3, A 4, A 5, A 6 and A 7 respectively guilty of the offences under Sections 147, 302/149, 307/149 and 427/149 of the IPC.
In the meantime, the assailants fled to Hajipur and the informant and the Sub Divisional Officer East chased the assailants and reached Hajipur where they found 15 persons including Anand Mohan and Lovely Anand caught by the Hajipur police.
The Sessions Court framed charge under Section 147 and Sections 302/149 of the Indian Penal Code for short the IPC against all the 36 accused persons A 1 to A 36 for being members of unlawful assembly with the companymon object of companymitting the murder of the District Magistrate, Gopalganj, G. Krishnaiyyah, for short the deceased as well as the charge under Section 307/149 IPC for being a member of the unlawful assembly with the companymon object of attempting to companymit murder of the photographer, the bodyguard and the driver of the deceased.
After the informant came back to Muzaffarpur, he got information that the District Magistrate, Gopalganj, died at the SKM College Hospital.
Anand Mohan and Lovely Anand were sitting in their Contessa car.
The sentence of death on A 1, A 3 and A 4 were referred to the High Court.
Looking at the gravity of the situation, the Sub Divisional Officer East ordered lathi charge and the police and other officers present started charging lathi at the crowd.
The State of Bihar has filed Criminal Appeal Nos.
Criminal appeals were also filed by the companyvicts before the High Court.
PW 20 is the Executive Magistrate who accompanied the procession.
After the post mortem, the dead bodies were taken in a procession to the house of Chhotan Shukla.
An Ambassador car and a white companyoured Gypsy were moving in front of the procession.
The defence also examined twelve witnesses at the trial.
At the trial, the prosecution examined as many as 25 witnesses.
Thereafter, the procession was led by Anand Mohan, Lovely Anand, Professor Arun Kumar Singh, Akhlak Ahmad, Harender Kumar, Rameshwar Wiplavi and others and they were all in different vehicles.
FACTS The facts are that a typed report was lodged by Mohan Rajak, Deputy Superintendent of Police East , Muzaffarpur for short the informant on 05.12.1994 at 22.10 hours 10.10 p.m. at PS Sadar, District Muzaffarpur East , which was treated as FIR.
Information was sent through wireless to the District Headquarters of Vaishali District about the incident.
PW 18 and PW 19 are the Director and employee of the Forensic Science Laboratory, Patna, who companylected the blood stained earth and broken pieces of glass from the place of occurrence.
PW 25 is the Additional S.P. Muzaffarpur who investigated the case for a few hours and PW 24 is the second investigating officer.
The trial companyrt acquitted the remaining accused persons A 8 to A 36 of all the charges.
PW 17 and PW 21 are the driver and the bodyguard of the deceased.
The trial companyrt, however, sentenced A 2 to life imprisonment for the offences under Sections 302/149 and 302/109 IPC and a fine of Rs.25,000/ , for one year R.I. for the offence under Section 147 IPC, 5 years R.I. for the offence under Section 307/149 IPC and one year I. for the offence under Section 427/149 IPC and all the sentences were to run companycurrently and in default of payment of fine she was to undergo simple imprisonment for a period of two years.
At about 3.30 p.m., the dead body of Chottan Shukla was taken in a procession to his ancestral house in village Jalalpur under Lalganj Thana in Vaishali district where about 5000 people gathered.
When the procession reached the house of Chhotan Shukla, Anand Mohan, MLA, and Lovely Anand, M.P., and others who were present there, offered flowers to the dead body of Chhotan Shukla.
On dissection maxilla and mandible were found fractured and tongue and inner part of lower lip was found lacerated.
Pursuant to the FIR, investigation was carried out by the police and a charge sheet was filed against 36 accused persons.
The learned Chief Judicial Magistrate, Muzaffarpur, companymitted the case to the Sessions Court.
They also saw Anand Mohan, Lovely Anand, Professor Arun Kumar Singh and some others were loudly provoking Bhutkun Shukla brother of Chhotan Shukla to kill the District Magistrate and take revenge.
The procession then moved from Bhagwanpur Chowk towards Ram Dayal Nagar through the National Highway.
When the procession reached the Bhagwanpur Chowk, the dead body of Chottan Shukla was kept for a while and Anand Mohan, Lovely Anand and Professor Arun Kumar Singh gave speeches instigating the crowd to take revenge of the murder of Chhotan Shukla and others by murder and to teach the administration a lesson if it created any hurdle.
All the 36 accused persons were also charged for the offence under Sections 302/109 for abetting the companymission of the murder of the deceased.
Anand Mohan, Lovely Anand and Professor Arun Kumar Singh A 1, A 2 and A 3 respectively were further charged under Sections 302/114 IPC.
The District Magistrate got wounded.
The procession was led by Arun Kumar Singh, Ramesh Thakur, Shashi Shekhar Thakur, Ram Babu Singh, Harendra Kumar, Vijay Kumar Shukla Munna Shukla and others and was escorted by the officers of the civil and police administration.
The Additional Sessions Judge I, Patna for short the trial companyrt found Anand Mohan, Lovely Anand, Professor Arun Kumar Singh, Akhlak Ahamad, Vijay Kumar Shukla Munna Shukla, Harendra Kumar Harendra Pd.
The trial companyrt also held Anand Mohan, Lovely Anand, Professor Arun Kumar Singh and Akhlak Ahamad A 1, A 2, A 3 and A 4 respectively guilty of the offence of abetment to companymit murder under Sections 302/109 IPC.
PW 1 to PW 14 were police officials who claimed to be with or behind the procession till the incident occurred.
PW 22 is the Assistant Sub Inspector, Muzaffarpur District, who investigated the case from 14.12.1994 to 16.12.1994.
The District Magistrate, Gopalganj, was sent in a Gypsy to the SKM College Hospital for treatment.
The trial companyrt sentenced A 5, A 6 and A 7 for life imprisonment for the offence under Section 302/149 IPC and to pay fine of Rs.25,000/ each, R.I. for five years for the offence under Section 307/149 IPC, R.I. for one year for the offence under Section 147 IPC and R.I. for one year for the offence under Section 427/149 IPC and in default of payment of fine to undergo simple imprisonment for two years and all the sentences were to run companycurrently.
The prosecution case in the FIR briefly was as follows On the night of 04.12.1994, certain unknown criminals had murdered Shri Kaushlendra Kumar Shukla Chhotan Shukla and his associates at NH 28 and the post mortem on Chhotan Shukla and the other deceased persons was done on 05.12.1994 at the SKM College Hospital.
After listening to the speeches, the people became aggressive.
After hearing on the question of sentence, the trial companyrt sentenced A 1, A 3 and A 4 to death for the offence under Sections 302/149 and 302/109 of the IPC and further sentenced them for one year R.I. for the offence under Section 147 IPC, 5 years R.I. for the offence under Section 307/147 IPC and one year R.I. for the offence under Section 427/149 IPC and all the sentences were to run companycurrently.
All the 15 persons were arrested and their vehicles were seized.
One oval wound with interverted margin and singling and burning of the margin in diameter was found on right parietal region of head One oval wound 1.3 x into internal cavity deep with everted margin was found on left parietal region of head.
When the informant along with other officers reached the place from where the shouts were being heard, they found that on the right hand side of the road the Ambassador car of the District Magistrate, Gopalganj, G. Krishnaiyyah companying from the opposite direction had turned turtle and the District Magistrate was lying on the ground.
Moreover, PW 17 and PW 21 may number have supported the prosecution case but their evidence also does number belie the prosecution case that the deceased was shot by Bhutkun on the exhortation by A 1.
Considering the possibility of breakdown of law and order, the officers of the civil and police administration remained present with armed force and lathi force at the hospital.
Thereafter, Bhutkun Shukla drew out a revolver from his waist and fired three shots and then escaped into the crowd.
Both PW 17 and PW 21, therefore, are silent with regard to exhortation by A 1, A 2, A 3 and A 4 to Bhutkun to shoot at the deceased.
On dissection two wounds were found interconnected with facture of skull bone into so many pieces and laceration of brain tissue.
1282, 1308, 1318, 1327, 1345, 1354 of 2007.
K. PATNAIK, J. These are all appeals by way of special leave under Article 136 of the Constitution against the companymon judgment of the Patna High Court in Death Reference No.12/2007 and Criminal Appeals DB Nos.
