2024 RG Mishra Murder Case | 'Demonic Torture, Humanity Groaned': UP Court Awards Death Penalty To 1, Life Term To 9 Others

Describing the act as "demonic torture" under which "humanity groaned", Addl. District & Sessions Judge, Bahraich, Pawan Kumar Sharma II, had on Wednesday convicted all the 10 accused, and today, an order on sentence was passed.

The Court characterised the convicts not merely as criminals but as 'devils' (shaitans) and 'monsters' (haivans), as it noted that their actions pushed the social order to the "brink of disintegration".

The court termed this murder case, which triggered widespread communal unrest in the district, as a "rarest of rare" case, which warranted capital punishment for the principal accused (Sarfaraz).

Case in brief

The case pertains to the murder of a 22-year-old man [Ram Gopal Mishra]. Mishra was shot dead, and about 6 other people were injured in a stone pelting and firing incident during a communal violence that broke out during a Durga idol immersion procession in Bahraich on October 13 last year.

The clash allegedly started when members of a particular community asked that the music be turned off as the Durga Puja procession passed near their homes and a mosque.

The court's Thursday order offers a chilling account of the events of the day of the incident in the Maharajganj market area. It noted that the prosecution had successfully established that the incident occurred during a Durga idol immersion procession.

The court noted that when the Durga Puja procession reached the residence of the convict Abdul Hameed, the accused opposed the playing of bhajans and severed the wires of the music system. Following an altercation, the victim, Mishra, was dragged inside Abdul Hameed's house by the mob.

Court's observations

The court observed that the violence inflicted upon Mishra was not merely a homicide but an act of "extreme violence and excessive cruelty". The judgment details how the victim was shot 7-8 times as two empty shells and six bullets were recovered. However, it was the torture inflicted on his body before his death which the court found most disturbing.

"The accused burned the toes of both feet of the victim so deeply that the nails were pulled out," the court noted as it accepted the prosecution's argument that the act had crossed the limits of brutality.

The court noted that the medical evidence revealed 40 entry wounds and two exit wounds which rendered the upper part of the victim's body "sieve-like" (channi).

In a significant observation regarding the communal undertones of the crime, Judge Sharma remarked that the violence did not just kill a man; it "murdered the faith and belief of a section" (ek warg ki aastha evam vishwas ki bhi hatya hui hai).

The judgment noted that the act created profound unrest and instability in society. "Due to this act of the convicts, humanity groaned, the social order crumbled and reached the brink of disintegration," the order reads.

The Additional District Government Counsel (Criminal) argued that the accused intended to send a message through 'fanaticism' (kattarta) that they would establish their supremacy regardless of the law.

The court agreed that the brutality was such that for such 'devils' (shaitans), in the interest of true justice, punishment must be of such a nature that it instils fear in other 'monsters' (haivans) breeding within society so that trust in the judicial system can be restored.

Thus, in determining the quantum of the sentence, Judge Sharma listed out the Aggravating and Mitigating Circumstances and ultimately found that the Aggravating Circumstances stood at "nearly 100 percent". In contrast, Mitigating Circumstances were 'negligible'.

As per the Court's order, the following factors were listed as Aggravating Circumstances

• The act was "ghastly and soul-shaking."
• The murder was "cold-blooded" and pre-planned against a helpless, unarmed youth.
• The nature of the crime was 'demonic' (Paishachik) and 'strange' in its cruelty.
• Sarfaraz alias Rinku was deemed a threat to society, having attacked a police party even after the initial crime.

While acknowledging that some convicts (Faheem, Saif Ali, Shoaib and Jishan) were under 25 years of age, the court opined that the sheer depravity of the crime of torturing a man by pulling out his nails and burning his toes, outweighed the considerations regarding their age.

The judgment relied heavily on the crime's sociopolitical aftermath. The court noted that the murder paralysed the district of Bahraich for over a month. An "undeclared curfew" atmosphere prevailed, schools were shut, and the administration was forced to suspend internet services for three days to curb the terror.

The order also addressed the plight of the victim's widow, whose marriage to Ram Gopal Mishra had taken place only four months prior. "Her entire life has become dark, and her dreams have been shattered," the court remarked.

Quoting from the ancient legal text Manu Smriti, the Judge wrote: "दण्ड शास्ति प्रजाः सर्वा दण्ड एवाभिरक्षति । दण्ड सुप्तेषु जागर्ति, दण्ड धर्म विदुर्वधा" (Punishment governs all people; punishment alone protects them). The court emphasised that undue sympathy in such heinous crimes would undermine public confidence in the operation of the law.

"According to Manu Smriti, the existence of a penal code was considered absolutely necessary so that the subjects observe Rajdharma. It is due to the fear of punishment that individuals in society refrain from deviating from their duty (Dharma) and deeds (Karma). Punishment alone protects the life and property of the subjects; therefore, punishing the criminal was considered the supreme duty of the ruler," the Court observed.

Thus, the court convicted the accused under various provisions, including Section 103(2) of the Bharatiya Nyaya Sanhita (BNS) (murder by a group) as well as sections for rioting and the Arms Act.

Consequently, Sarfaraz alias Rinku was awarded the death penalty under Section 103(2) of the BNS, subject to confirmation by the Allahabad HC under Section 407 BNSS. He was also convicted under the Arms Act and for rioting.

The following nine convicts were sentenced to rigorous life imprisonment and a fine of Rs. 1,00,000 each under Section 103(2) BNS:

• Abdul Hameed (Father of the prime accused)
• Faheem
• Saif Ali
• Javed Khan
• Md. Jishan alias Raja alias Sahir
• Nankau
• Maroof Ali
• Shoaib Khan
• Md. Talib alias Sablu