LexRANBIR YADAV versus STATE OF BIHAR
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A RANBIR Y ADA V v. STATE OF BIHAR '-' MARCH 21, 1995 B [AS. ANAND AND M.K. MUKHERJEE, JJ.] Constitution of India-Article 227-l'ower of superintendence of High Court-Scope-Trial of a large number of persons-Transfer of case to bigger ,,..- Court with better an-angement-Whether High Court justified in. exercising its "\ c plenary administrative powe~eld, yes. Article 136-'-SCope of interference with concurrent findings of facts. r- Criminal Procedure Code, 1973-Secs. 326, 350, 216, 217-Transfer of case-Right of accused to claim a de novo trial-Transferee Court can D exercise its judicial discretion only for further examination of a witness already . examined and not for fresh examination of witnesses for a fresh trial. Secs. 154, 161, 162-FIR-Two incidents of rioting and murder-lnves- -· ligation over the incidents started in the same night-Report lodged on the E following morning could only be treated as a statement recorded in accord- ance with Sec. 161(3) of the Code and not as FIR-Admissibility of evidence of the witness. Indian Penal Code, 1860-Sections 148, 302/149, 436/149, 380 and 201/149-0ffences of loo~ arson and murder-Eye witnesses-A mob of F 500/600 people, residents of different villages came to and attacked the neighbouring village to exterminate the Bind Community-Three appellants belonging to Yadav community came on horse back armed with fire arms and led the mob, chased villagers and committed murders-Their conviction for offences upheld. G According to the prosecution due to some land dispute between some vill~ges, about 30/40 members or the Yadav community, all resident of a neighbouring village came to the village and started abusing the Binds, ' - firing from guns injuring some and went back holding out threat that all the members of the Bind community would be killed; that on the same day H at about 1 P.M. a mob or about 600 Yadavs armed with weapons like guns, 826 RANBIR YADAVv. STATE 827 pistol, bhalas and lathis came • some of them on horse back • and attacked A > Mind Tolis of the village; that the mob res~rted to looting cash, cloth, grain, ornament and cattle and then setting to fire the houses of the inhabitants there, some of the members of the mob chased the villagers who were trying to Dee away towards the River and when these persons tried to escape on boats the miscreants fired at them, brought them down from the boats and B then dragged them to the river and threw them there; that the three appellants had come no horse back with guns, led the mob and were active participants in the ravage; that on getting information a police posse went T there the same night and PW96, an Inspector of Police, took up investiga- I tion of the cases registered over the first incident and on the following morning he also took up investigation of the second incident. The dead c -- bodies of six out of the nine killed were recovered. Over the first incident, a charge sheet was submitted against six accused persons u/ss. 147, 148 and 149/307 IPC and Section 27 of the Arms Act. In respect of the second incident also two cases were registered, one in the same night u/ss.148, 149/302, 201, 436 and 320 IPC and the other on the following morning u/ss. D 302/149, 307, 380, 436, 147, 148, 149, 201 and 1208 IPC and Section 27 of the Arms Act. These two cases ended in a charge sheet against 152 accused persons, including the three appellants and some absconders. The cases committed to the Court of Sessions were transferred to the 10th Court for trial and after amalgamation of two cases charges were E framed against the six accused. Both the cases were then transferred to the 5th Court of Addi. Sessions Judge of trial as a petition was filed by some of the accused persons stating that when the Sessions Trial was taken up by the 10th Court for hearing on the question of framing of charges all the accused could not be accommodated in the dock meant for them as a F result of which some of them had to remain outside and that one of the accused lying seriously ill, brought on a cot had to be kept on the verandah of the court room and that the court was so crowded that clerks of the lawyers were not allowed to enter and in fact the lawyers themselves had to carry the records. While disposing of this petition the 5th Court G recorded an order that to avoid all sorts of infirmities and irregularities ) the charges against all the accused including t
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