9911796707
TMI Blog1986 (4) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... are dead. It may also be mentioned that two persons were also put on trial, namely, Sadique Sain and Sairuddin Sain but they have been acquitted by the trial Court. For the sake of brevity Paramhans Yadav will be mentioned hereinafter as Yadav and Sadanand Tripathi as Tripathi. 3. The prosecution story, in brief, was that on 11th of April, 1983, the Courts were held in the morning and the Collector of Gopalganj, late Sri Maheshwar Prasad Narain Sharma had finished his work in his office. His brother, Paresh Prasad Singh, PW 62, was also sitting in his Chamber. The deceased Collector along with his brother left his office which is on the upper floor of Gopalganj Collectorate and he was coming down to go to his residence and his Car was parked in the portico. The late Collector was descending the stair case followed by his Orderly, Hari Shanker Ram, PW 19, and appellant Yadav was also descending after him. PW 62, brother of the deceased, who was also coming down, was just behind appellant Yadav. The deceased Collector came on the landing ground and after that he came down two or three steps and suddenly appellant Yadav, who had a Jhola in his hand, took out a bomb and threw it on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arked as material Exhibit-I. PW 66 after taking charge of the investigation from PW 14 immediately cordoned the area and persons who were on the first floor of the Collectorate building were not permitted to come down and all of them were interrogated or searched. He inspected the place of occurrence and it will be relevant to give here the details of the same. The map prepared by him is Exhibit-40. 5. The Collectorate building is a double storied building and faces south. There is a portico in the front and just in front of the portico is the stair case for going to first floor. There is a landing space in the middle of the stair case which is shown as 'C' in the map and here the Jhola of appellant Yadav was found. The place 'B' in the stair case hall is the place where the District Magistrate was hit by bomb and had fallen at the place 'A' and one of his Chappal was found which is 'D/1'. The other Chappal was on the fifth stairs from the bottom at the place 'D'. Blood stains were found on the stairs and has been shown E, E/l, E/2 and E/3. Some blood marks were also found near the dead body which is E/4. Splinters of the exploded bomb and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rding his confession and it was recorded by Magistrate, PW 48, on 13-4-1983 at 7.30 p. m. and it is Exhibit-44. The bomb, which was found in the Jhola, was sent to the expert on requisition, Exhibit-5/7, and report was received after deactivation which is Exhibit-42. Some bombs were also recovered in Bhagwat Parsa Ashram of appellant Tripathi for which a criminal case was registered and the bomb of that case was also deactivised on requisition, Exhibit-5/18, and the report is Exhibit-42/1. He deputed officers to different places in connection with the investigation of the case and supplementary diaries were also submitted by them. On 13-4-1983 he examined PWs 22, 36, 39 and 63 and he made over the charge of this case to PW 65, who is the main Investigating Officer in this case. He visited the place of occurrence at 6.30 p. m. and recorded the statement of PWs 14, 18 and 60 and also the statement of appellant Yadav. On 14-4-1983 he prayed for the recording of statement Under Section 164 of the Code of Criminal Procedure of PWs 19, 22 and 40. He examined PWs 44, 50, 51 and 63 and examined records of Crime Control Case pending against appellant Tripathi. On 15-4-1983 he further examin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bs were blown off. The lower part of right lung, the diaphragm, the liver, the right kidney and a portion under the wound were extensively lacerated. (II) Lacerated wound over an area 9 X 4 X bone deep over the outer and back part of right arms, the right elbow and upper part of right fore-arm with comminuted fracture at the lower third of right humerus at the level of injury No. 1. The soft tissue were blown off with charred and ragged margins of the wound. It was emitting the smell of gun powder. The cloths over the area of the wounds were blown off. In his opinion, death was due to haemorrhage and shock due to above mentioned injuries caused by bomb and were also sufficient, in the ordinary course of nature, to cause death. He has also stated that bomb was thrown from behind and death was caused within six hours. 7. Dr. Lakhichand Prasad, PW 54, examined appellant Yadav, on the same day at 9.00 p. m. and found the following injuries on his person: (1) Incised wound 1/4 x 1/6 x W on the 'left side eye-lid near eye-brow. (2) Abrasion 1/2 x 1/4 on the left side of forehead near eye-brow. (3) Abrasion 1/4 x 1/4 on the left side of fore-head. (4) Abra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9, 60, 61 and 64 are the Police Officers connected with the investigation and had worked under the direction of the Investigating Officers. PWs 41 and 43 are the two Police Officers who were incharge of the dog-squad and the rest of the witnesses are formal and of Gopalganj Jail and they have proved certain exhibits in this case. A number of documents have been filed on behalf of the prosecution and marked as Exhibits besides material Exhibits. 11. Twenty four witnesses have been examined on behalf of the defence. PW 19 is the solitary witness examined on behalf of appellant Yadav and the rest on behalf of appellant Tripathi. DWs 9 to 12 have deposed to the effect that appellant Yadav was not a disciple of appellant Tripathi. DWs 1, 2, 5, 6, 14, 15, 17, 22 and 23 are formal witnesses. DWs 4 and 7 to 12 are the disciples of appellant Tripathi and have been examined on the point that he was a highly respected person with religious background. DW 19 has been examined to deny the prosecution version that the visitors used to meet Tripathi, by passing the jail rules and illegally in Gopalganj Jail and DWs 16 and 18 have been examined in order to prove that there was litigation betwee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The two convicted appellants expressed their inability to engage counsel and, therefore, both of them were given counsel of their choice at the expense of the State. 12. The learned Judge, on a consideration of the evidence, both oral and documentary, recorded the following findings: (I) There was absolutely no delay in recording of the Fardbeyan, Exhibit-3, of the brother of the deceased who was actually present at the time of occurrence. (II) The aforesaid Fardbeyan was immediately despatched to the Police Station which will be clear from Exhibit-36. (III) Appellant Yadav was seen with a Jhola in his hand prior to the occurrence in the upper-storey of the office of the Collector and soon thereafter there was the occurrence. (IV) From the evidence of the eye-witnesses and the other circumstances, it was clear that appellant Yadav had taken out the bomb from his Jhola and threw it on the Collector which hit him. The aforesaid bomb caused the instantaneous death of the Collector. (V) Immediately thereafter appellant Yadav jumped from the landing ground through the railing and fled towards the northern side when he was apprehended in front of the District Board Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his case and have submitted that the prosecution has failed to prove the charge of conspiracy and also the fact that it was appellant Yadav who had thrown the bomb which killed the Collector. They have submitted that from the background and history of the case it would appear that the deceased Collector had created a terror in the locality and had antagonised a number of persons by filing cases against them and also by detaining a number of persons under the Crime Control Order. Thus, he himself had created number of enemies, some of them might have got him killed and these appellants have been falsely implicated in this case. 15. Mr. Prakash Narain Pandey, appearing on behalf of the State, on the other hand, has submitted that there is overwhelming evidence that appellant Tripathi was very much annoyed with the actions of the Collector who had got his Ashram demolished. This had caused him huge monetary loss besides the loss of reputation and he was made accused in a number of cases brought at the instance of the Collector. All these were indicative of the fact that appellant Tripathi wanted to get rid of the Collector and he ultimately succeeded by hatching up conspiracy with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erms and conditions that they would have to listen to religious discourses continuously for seven days and had to surrender completely giving Tan, Man, Dhan'' meaning the-by body, mind and wealth. In this way, a number of persons were initiated in the Ashram including females and all of them used to live together. Soon thereafter he became very powerful in that locality and did not tolerate any of his dicciple going against him. For that it is said that he had employed wrestlers like Hare Ram Chandher, Raraji Verma, Sant Ram (absconders in this case) and Ors. who used to kill those persons whom this appellant wanted to get rid off. Chandramukhi, wife of Anand Mohan and mother of PW 30, also became his close associate and was known in the Ashram as Anandeshwari and Mirdula alias Guddi as Mukteshwari and PW 30 became a Treasurer of the Ashram. Appellant Tripathi is said to have foreworded or written some books. Some of them are known as Mahatraa Jan Taiyar Kiyon Nahi Hote , Exhibit-14/1; Inhe Mat Dekho , Exhibit-14/3; and some pamphlets, Exhibit-15. The former book was written by PW 33, Ram Shanker Rai, the then Secretary of the Ashram and the latter by Anand Mohan, father ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16-3-1983 Show cause in the case was filed by the appellant Tripathi, Exhibit-2. 22-3-1983 Date fixed in this case, Exhibit-26, but it was adjourned. 3-4-1983 A petition for bail was filed in the Crime Control Act on the ground that appellant Tripathi wanted to attend religious Seminar at Haridwar on 10-4-1983. After hearing the parties the case was adjomned by the Collector to 12-4-1983. 7-4-1983 Cr. W. J. C. No. 119 of 1983 was filed in the HighCourt for bail on the ground that the appellant had to go to Haridwar on 10-4-1983 and it was ordered to be listed on 11-4-1983. 11-4-1983 High Court directed the Collector to dispose of thebail application without any further delay and the order was communicated through special messenger. The same day Collector was killed in the Collectorate. The case was ultimately adjourned. 27-4-1983 He was ordered to be released on furnishing a bond of ₹ 20,000 Exhibit-22. But in view of the fact that this appellant was also made an accused in the Collector murder case, he was not released from Jail. These dates will be relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he should be caught and people also started chasing him. The man came out from the Collectorate compound through the eastern gate and was caught near the fruit stall. Persons started assaulting him on which he exclaimed as to why they were assaulting him as he had thrown the bomb on the Collector at the behest of his Guru Sant Gyaneshwar meaning thereby appellant Tripathi. On being questioned from where the bomb could be obtained, ho replied that it was obtained through Sadique Mian, who got it through his brother-in-law meaning thereby Sairuddin and he further said that the Collector and Superintendent of Police had illegally demolished the Ashram of hiy Guru and, therefore, the Collector was killed That person was brought near the Portico where the Collector was lying dead and PW 62 met a Police Officer, PW 14. who recorded his Fardbeyan, Exhibit-3. He has stated that he had seen the same person with a Jhola in his hand on the Verandah of the first floor of the office of the Collector before the occurrence and he identified that person appellant Yadav in dock. He has been subjected to lengthy cross-examination and defence has tried to show that he was actually not present at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persons who run to catch a person will actually catch him when others were also running for the same purpose. The fact that he was caught near the fruit stall outside the compound is fully supported by his evidence. It is also contended that after the throwing of the bomb there must have been smoke and, therefore, it was not possible for the witness to identify the appellant at the time of occurrence. But the evidence is that be had actually seen appellant Yadav taking out something from the Jhola and throwing it and, therefore, before the actual throwing this witness had identified him. Some contradictions have been sought to be brought on the record as to what he stated before the Court was not stated before the Investigating Officer. But all of them are of minor nature and not contradictions at all and are omissions which cannot go to the extent of discarding the testimony of the witness. After fully considering his evidence 1 am of the opinion that he was present at the time of occurrence along with his deceased brother and he has fully supported the occurrence and gave a chase to the appellant Yadav who was actually apprehended outside the Collectorate building. 21. The nex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m again only after he was apprehended and then immediately stated that he was the person who was seen with a Jhola prior to the occurrence and was making enquiries about the time of departure of the Collector. It is also submitted that there are contradictions in the evidence of this witness and PW 62 as to how they were descending from the stair case. But, reading their evidence as a whole in my opinion, there is no contradiction at all. From the evidence of this witness and PW 62 it is clear that the Collector was the first man who was getting down followed by this witness, PW 19, and then the stranger and thereafter PW 62 was coming behind them. In his statement Under Section 164 of the Code of Criminal Procedure he had stated that one person had fled away by jumping and in Court he stated that he did not remember that. This is not a contradiction at all. Further, he has stated that he did not remember if he stated before the Magistrate or the Police that someone had thrown some articles on the Saheb from behind. He had also not stated that PW 62 along with others were chasing the culprit by raising alarm of Pakro Pakro and this is a mere omission. After going through his evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with other high officials had visited Gopalganj. learned Counsel has submitted that he has not stated about the throwing of the bomb by the appellant. But, since he was on the ground floor he could not have seen the actual throwing which was done from the landing ground and that shows that he has spoken about the things which he bad actually seen with his own eyes. His evidence, therefore, fully supports the prosecution case. 23, Now, 1 will take up the evidence of PW 2 who is a peon of the Collector. He has stated that on 11-4-1983 at about 1.00 p.m. he got information down stairs that the Collector was coming down in order to go home. There were two cycles in the portico and he got them removed to get the car of the Collector parked there. After some time he saw the Collector coming down followed by his orderly peon, PW 19, and two more persons were behind them. After the Collector had descended two or three steps from the landing ground, one person threw a bomb which hit the Collector with loud explosion due to which he fell down on the ground. He has also stated that the person, who threw the bomb, scaled over the railing and came down and then there was a Hulla of Pakro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Counsel for the appellants have submitted that his presence at that time is highly doubtful and he had come purposely to meet the Collector but he had actually not met him. True that his main object was to meet the Collector but it seems that he had come rather late and by the time when he reached near the chamber of the Collector he had left the place and was coming down. He was examined by the Police the same day and nothing has been brought in the cross-examination to discredit his testimony. A suggestion has been given that he is a man of Nagina Rai, who was in inimical terms with Kali Pandey and he was trying to implicate this appellant at the instance of Nagina Rai to which he has stoutly denied. On a consideration of his evidence his presence in the Collectorate at that time cannot be doubted and, in my opinion, he fully supports the prosecution case. 25. Thus, from the evidence of the eye-witnesses discussed above I am satisfied that they have given out the true version of the occurrence and they had identified appellant Yadav as the person who had thrown the bomb and, thereafter, he ran away from that place and was apprehended. Having considered the evidence of the eye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b was also in the Jhola which was obtained from the brother-in-law of Sadique Mian. PW 14 is the Police Officer and his evidence has been discussed in detail earlier. PW 15 was working as Excise Superintendent at that time and he saw from the upper floor of the Collectorate a person under arrest and he identified this appellant but has not stated about any confession made by the appellant. PW 16 had come to the Collectorate in order to meet the Collector in connection with the construction of a Harijan Colony and Botanical Garden. As soon as he entered the Collectorate compound he heard a loud report and he saw a person in injured condition running towards the road and he was being chased and ultimately he was apprehended and he stated that he had killed the Collector at the behest of Baba meaning thereby appellant Tripathi and also stated that the bomb was supplied by brother-in-law of Sadique Mian and one bomb was kept in the Jhola. He had also stated that PWs 3 and 10 and Ors. were there and the Police came thereafter. PW 57 is a today shop owner and he had gone to the Excise Office which is on the upper storey of the Collectorate and then he heard the explosion and saw a person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. But, that was subsequently; but on the first occasion he himself blurted out and there was no question of assault. Moreover it is matter of common experience that if a person commits a heinous crime like murder or dacoity and is caught red handed then the members of the public always manhandle him, but that does not mean that the assault is made for the purpose of extorting any confession. We also know that thieves, when they are caught red handed, are assaulted and they at times confess to have committed the offence but that will not show that the confession was extracted or was due to assault. The defence has also relied upon a portion of the evidence of PW 62 who has stated that he had seen the Police Officer near the person who was caught hold of. But according to the evidence of PW 14 he came after the man was apprehended and when he had already made the statement and it is the prosecution case 1 hat all the Police Officers arrived after the apprehension of the appellant. 29. Thus, from the facts, mentioned above, I have no hesitation in holding that the extra judicial confession made by this appellant soon after the arrest is admissible in law. So far the confession bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been discussed above, that the appellant was arrested after a chase and most of them had identified him as the person who had either jumped from the landing ground or was seen running from the Collectorate compound and, therefore, it was not necessary to hold test identification parade of this appellant. The test identification parade would have been a farce because admittedly a number of persons had seen him under arrest and if they would have identified him in the parade then the argument would have been that he was seen soon after the arrest and, therefore, the identification was of no value at all. Therefore, the test identification parade of this appellant was not at all necessary. 31. Regarding the throwing of bomb by this appellant we have the evidence of PWs 2, 11, 19, 40 and 62. learned Counsel has submitted that PWs 2 and 11 are not in the first information report but this aspect of the matter has been considered by me earlier and simply because a witness is not in the first information report his evidence cannot be brushed aside and what has to be seen is the intrinsic value of the evidence and I may refer to a case of the Supreme Court in the case of State of Ut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19 rather supports the prosecution case that he was close to the Collector when the bomb was thrown. The presence of injuries and the smell of explosives on the wearing apparel have all been completely denied by this appellant which is absolutely false and this false statement, in his examination Under Section 313 of the Code of Criminal Procedure, will be a chain of circumstance against, him as held in the case of Devnandan Mishra v. State of Bihar 33. It was then contended by Mr. Verma that according to the prosecution case and according to the so called confession of appellant Yadav bomb was supplied with the aid of Sadique Mian through his brother-in-law, Sairuddin, and, in this connection, our attention has been drawn to the charge framed against all the four accused persons Under Section 120-B of the Code in which it is stated as follows: .... You Sadique Mian procured explosive substance (bomb) through you, Sairuddin Sheikh and you Paramhans Yadav executed the object of conspiracy by throwing the explosive substance (bomb) on the body of the said Collector resulting in instantaneous death, and you thereby committed the criminal conspiracy and offence punishable Unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed to show that it was appellant Tripathi who was the main brain behind the entire drama and he was instrumental in getting the Collector killed. The charge of conspiracy has been framed against them and I will better quote the same: That you, on or about in between July, 1982 and 11th April, 1983, agreed among yourself and Ors. to do or cause to be done an illegal act, to wit, to commit the murder of Sri Mahesh Prasad Narain Sharma, the then District Magistrate and Collector, Gopalganj, an offence punishable Under Section 302 of the Indian Penal Code and in furtherance of the said agreement one of you, namely, Sadanand Tripathi alias Sant Gyaneshwar directed Paramhans Yadav to commit the murder of the said District Magistrate and Collector, Gopalganj. Criminal conspiracy has been defined Under Section 120-A of the Code which runs as follows: 120-A, Definition of criminal conspiracy:When two or more persons agree to do, or cause to be done, (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e like the present that conjecture or suspicion may take the place of legal proof, and, therefore, it is right to recall the warning addressed by Mr. Barron Alderson to the Jury in Reg v. Hodges, where he said; 'the mind was apt to take a pleasure in adapting circumstances to one another, and even in straining them a little, if need be, to force them to form part of one connected whole, and the more ingenious the mind of the individual, the more likely was it, considering such matters, to over-reach and mislead itself, to supply some little link that is wanting, to take for granted some fact consistent with its previous theories and necessary to render them complete. 37. In the case of Mohammad Usman Mahammad Hussain Maniyar and Anr. v. State of Maharashtra some persons in conspiracy with each other were selling illegal arms and when this matter came to light then, after investigation, they were put on trial. No oral evidence could be possible but still the conspiracy was held to be proved and it has been held by their lordships as follows: For an offence Under Section ' 20-B, the prosecution need not necessarily prove that the perpetrators expressly agreed to do or c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of Anand Mohan Shrivastava shifted there and Manoj, PW 30, became the treasurer of the Ashram and continued on that post for four years. It has also come in the evidence that appellent Tripatbi, who claimed to be the incarnation of God, initiated a number of persons in the Ashram and gave them the impression that they could see God through him provided they gave their Tan, Man and Dhan i.e., body, mind and wealth without any reservation. It was also told by him that Guddi, the daughter of Anand Mohan Shrivastava, will not live long and for that some efforts will have to be made in order to prolong her life. By such tricks he not only allured the family of Anand Mohan but others as well. 39. Rama Shanker Rai, P.W. 33, who was working as Junior Engineer in the Uttar Pradesh Electricity Board, along with P.W. 34 and many others, came in contact with appellant Tripathi some times in October, 1980. They were also initiated by this appellant and, according to them, the appellant addressed a number of 'Satsangs' at different places. P.W. 33 left his job and became the Secretary of the Ashram in January, 1982, and continued up to February, 1983 but soon he was disillusioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me in close contact with appellant Tripathi and became his disciple and at his instance he left the service of the Railways. P.W. 27, Ram Prasad Kashyap, was also working in the Railways along with appellant Yadav and after leaving the service he kept his articles at his place and after the occurrence, in course of investigation, those articles were seized from his house and Exhibits 6/2 and 6/3 are the seizure list of articles of daily use and books, Exhibits-14 and 14/1 and the pamphlets, Exhibit-15. In June, 1982, he came to the office and disclosed to his colleagues that the men of appellant Tripathi were in the Jeep and, therefore, he will not stay with them any longer. During his stay there for a short while he gave his experience about the Baba and accepted that he had become his close associate. He had been living regularly in the Ashram along with appellant Tripathi and his father, Chaudhary Yadav, P.W. 28, went to the Ashram and wanted to bring back his son so that he may look after his family and children. Appellant Yadav agreed to the proposal but appellant Tripathi did not agree of his being taken away and rather, according to the evidence of PW 8, he was threatened wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rk, Ramanuj Singh, and he has also supported the fact that appellant Yadav used to come to the Jail regularly to meet appellant Tripathi and was always bringing tea and breakfast for him from outside the Jail. He has stated that on 9-4-1983 some people had come to meet Baba meaning thereby appellant Tripathi and at Patna he learnt about the murder of the Collector in which Yadav was made an accused. Similar is the evidence of P.W. 13, A.S.I. of Police attached to the Jail, who has testified to the fact that this Yadav regularly visited the Jail and met appellant Tripathi. P.W. 6 is another hotel owner, living close to the hotel of PW 5 and he has also stated that the man who was arrested, meaning thereby appellant Yadav, used to take tea and breakfast for appellant Tripathi from his hotel. P.W. 20 has got a Paan shop near the Jail and has stated that this appellant used to take Paan from his shop for appellant Tripathi. P.W. 72 was working as Superintendent of Jail and he is a charge-sheet witness but was tendered. He has been cross-examined by the defence in order to show that regular procedure had to be followed for meeting prisoners in Jail and it was not possible for any person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hi) and he further stated that the bomb was supplied by Sadique Mian through his Bahnoi. This is also corroborated by the evidence of P.Ws. 2, 15, 19, 40 and 57. This statement was spontaneous and has been held by me as admissible earlier. Therefore, now it will be relevant to quote Section 6 of the Evidence Act which reads as follows: 6. Relevancy of facts forming part of same transaction. Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustration (a) will be also relevant; (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by standers at the beating, or so shortly before or after it as to form part of the transaction is a relevant fact. This will be also relevant Under Section 10 of the Evidence Act which may be usefully quoted: 10. Things said or done by conspirator in reference to common. design. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he court on the dates fixed, his bail was cancelled and he was informed by his wife and he surrendered on 2-12-1982 and was lodged in Gopalganj Jail. He used to see appellant Tripathi who was lodged in Ward No. I and used to meet him regularly. He has stated that tea, breakfast, Paan, Biri and other articles were regularly supplied to appellant Tripathi through appellant Yadav. On 11-4-1983 his wife had come to meet him and such interview was a regular affair on payment of ₹ 2 to the constable incharge. When he met his wife near the Jail gate at 10,00 a. m. appellant Yadav also came to meet his Baba, appellant Tripathi. Appellant Yadav seeing Tripathi saluted him by lying prostate on the ground and Tripathi enquired from him whether the work for which he had come will be done or not on which appellant Yadav replied that the work will be accomplished within one and half hour. Soon thereafter he heard a bomb blast and learnt about the killing of the Collector. He met the Baba at 3.00 p. m. and told him that his man (meaning thereby appellant Yadav) had been arrested and he was being accused for the offence on which appellant Tripathi replied saying that even if twenty Collector ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the nature of the talk it did not refer to the killing of the Collector but this much must be accepted that appellant Yadav had met the other appellant in Jail few hours before the occurrence Thus, in my opinion, the evidence of P.W. 4 cannot be rejected and the two appellants had met on the fateful day. 45. Further, there were some rejoicing in the Jail premises after they learnt about the death of the Collector and P.W. 37 was also in jail and has stated that some disciples of the Baba (appellant Tripathi) had come to meet him on 10-4-1993 Babu Ram Chaudhary, P.W. it, has also supported P.W. 37 and there was a rumour after this occurrence that appellant Tripathi had also hand in the murder and when enquired about the same appellant Tripathi denied and said that he cannot be involved in the case because he was in Jail. It may be mentioned that P.W. 45 was undergoing treatment for cancer in Nalanda Medical College Hospital and has stated that there was always a talk between appellant Tripathi and his followers that though some cases had ended in his favour still the Collector was putting all obstructions in his way. P.W. 21 was also an under trial prisoner and has stated th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ropose to consider the evidence on this point. After the demolition of the Ashram a joint report was sent by the Collector and the Superintendent of Police to the Inpector General of Police, Hone Secretary and other Officers at Patna; Exhibit-11 is the wireless message/ and Exhibit-12 is the report of the Collector and the Superintendent of Police. From these reports it is clear that both these officers were present at the time of demolition. P.W. 25 was working as Superintendent of Police, Gopalganj, and after demolition he went to Hyderabad for training after making over charge to P.W. 66 and there he learnt about the killing of the Collector. On his return from training his statement was recorded by the D. I. G. Crimes. The defence has relied on the tour diaries of the Collector which is Exhibits-31/1 and 31/2 in order to show that the Collector had actually returned by 32.00 Noon. The T. A. bill of the Collector is also Exhibit-43. P.W. 38 is the Officer-in-charge of Uchkagaon Police Station and has stated that the Collector and the Superintendent of Police had come at 10.00 a. m. and had gone back at 4.00 p. m. and the Collector he had come in Ambassador Car whereas P.W, 25 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding some trouble at the hands of the men of appellant Tripathi that they may kidnap some child of the family. From the aforesaid facts it can be safely inferred that appellant Tripathy was not happy with the Collector though it may also be said that the Collector had also acted rashly and that was sufficient motive for entering into the conspiracy with appellant Yadav in order to get rid of the Collector. 49. The prosecution has relied on other circumstances as well. A bomb was recovered from the Jhola belonging to appellant Yadav from the landing ground and another bomb was also recovered from the Ashram for which a case was registered which will be clear from the evidence of P.W. 38. Both the bombs were sent to the expert and were de-activated and a report was submitted which is Exhibit-35. It has been submitted by the learned Counsel for the State that the two bombs were similar and that also shows the complicity of the appellants because bomb was the same which was recovered from the Ashram where the two appellants were living. Since, a case has been registered and the matter is pending before a Court, 1 express no opinion on this point which may prejudice the parties. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xamined. A requisition was made by the Investigating Officer to seize the petition, Exhibit-9, and it was actually produced by P.W. 24 and the production list is Exhibit-31 prepared by P.W. 49. Exhibit-9 is the original and Exhibit-10 series are copies thereof. P.W. 24 has stated that on 5-4-1983 the Advocate's Clerk, P.W. 23, had come with one person for getting Exhibit-26 typed. Again that person came along with that petition on 6-4-1983 and it was typed by him, Exhibit-9, and that petition was taken by that man on 6-4 1983. On 7-4-1983 that man brought that petition after making some corrections in red ink. According to the prosecution, this correction was made by appellant Tripathi and P.W. 24 was asked to prepare twenty five copies. On 10-4-1983 only ten copies were ready and those were handed over to that very person and later it was found that the man was appellant Yadav, according to P.W. 24, The defence has denied that the corrections on Exhibit-9 were made by appellant Tripathi and according to the prosecution, it was done by appellant Tripathi himself. P.W. 30, who was the Treasurer of the Ashram for about two or three years, bas proved the writings as that of appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Treasurer of the Ashram for two years, I am of the opinion that the corrections made on Exhibit-9 are in the pen of appellant Tripathi. That being so, it also must be held that these petitions were taken to the Jail by no other person but appellant Yadav who got it typed by the Typist and also took them from him and this also is an important link in the chain of circumstances that the two appellants had met just prior to the occurrence. 54. On a careful consideration of the evidence of the witnesses, discussed above, and the various circumstances relied upon by the prosecution and the documents filed in this case, I have no hesitation in holding that after appellant Tripathi was lodged in Jail and appellant Yadav had been meeting him quite frequently and foods and other articles were supplied to him in Jail from outside. Appellant Tripathi had reached some height acquiring prestige and position in the arena of religion and in the eyes of his devotees and within a short period he had a number of followers to his credit and a well equipped Ashram with all the amenities of life, but he soon lost his position and the encroachment case was decided against him by the Commissioner an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (7) it has been held by their lordships as follows: The survival of an orderly society without which the extinction of human rights is a probability compels the higher protection of the law to those officers who are charged with the fearless and risky discharge of hazardous duties in strategic situations. Those officers of law, like policemen on duty or soldiers and the like have to perform their functions even in the face of threat of violence sometimes in conditions of great handicap. If they are killed by designers of murder and the law does not express its strong condemnation in extreme penalisation, justice to those called upon to defend justice may fail. This fact of social justice also may in certain circumstances and at certain stages of societal life demand death sentence. In sub-paragraph (9) it has been held that special reasons necessary for imposing death penalty must relate not to the crime as such but to the criminal. If officers, enjoined to defend the peace, are treacherously killed to facilitate perpetuation of murderous and often plunderous crimes, social justice steps in to demand death penalty dependant on the totality of circumstances. Reliance has also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y light. The intention of appellant Yadav was to kill the Collector only but the way the bomb was thrown it could have killed others also and it is just a chance that they escaped. This also indicates that this appellant was a man of desperate character and no respect for life and property. In my opinion, therefore, it is not a case in which there can be any interference on the question of sentence. The trial Court has given good reasons and on the basis of the authorities, mentioned above, I also confirm the reasonings and the findings of the trial Court. 57. Now to conclude, from the findings recorded above, it is clear that the appellant Tripathi came from a poor family and started his career as a Bus Conductor. He also passed law examination and practised in Mufassil courts in Uttar Pradesh for some time. Thereafter he started giving religious discourses and exclaimed himself as Sant Gyaneshwar Maharaj . He soon got blind followers who wanted to see God through him and the condition was that they had to surrender their body, mind and wealth (Tan-Man-Dhan). Some of disciples were educated persons holding Government posts and some were also illiterates like appellant Yadav an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an be ensured by deterring those who may think of indulging in such acts and by raising the morale of the Officers entrusted with the difficult and onerous responsibility of maintaining law and order. It goes without saying that the crime committed by the appellants has shocked the conscience of the community as a whole. 58. Before I part with this case I must say that rules and procedures were not followed in Gopalganj Jail and due to the laxity of the jail authorities the nefarious plan could be achieved. The State Government should take serious view of this matter and there should be a regular inspection by the jail authorities so that the rules and procedures are followed. The investigation in this case has been done in a very efficient and fair manner. I place on the record my sense of appreciation for the assistance given by the learned Counsel for the parties, specially by the learned Counsel for the State Sri P.N. Pandey, who has ably and fairly placed all materials before us. 59. All the appeals are, accordingly, dismissed and the conviction and sentence imposed upon the appellants are hereby affirmed. The reference made by the Additional District and Sessions Judge ..... 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