SC denies premature release to four for killing 8 in 1987, upholds life term

New Delhi: Nearly 37 years after the killing of eight people at a wedding reception in Bihar's Rohtas district, the Supreme Court (SC) has dismissed the appeals of four persons against their conviction.

A bench comprising Justices MM Sundresh and Aravind Kumar, however, took note of the submissions of lawyer Akhilesh Kumar Pandey, appearing for four convicts, that their plea seeking premature release be considered by the state administration within a specified time frame.

“At this juncture, learned counsel appearing for the appellants submitted that they have been under incarceration for more than 14 years, therefore, their case will have to be considered under the relevant policy for premature release. We find force in the submissions made. In such circumstances, we direct the respondent No.1 (Bihar government) to consider the case of the appellants for premature release within a period of eight weeks from the date of the receipt of the copy of this order,” the bench said in a recent order.

The convicts are expected to cooperate by way of making appropriate applications to this effect, preferably within a period of two weeks, it said, adding “The Member Secretary concerned, District Legal Services Authority is directed to coordinate with the appellants to undertake and facilitate the said exercise.”

The top court was hearing the appeals of Ibrar Ansari, Rasul Ansari, Mozaffar Mian and Anish Ansari against the Patna High Court judgement upholding their conviction and life imprisonment in the case.

According to the prosecution, an armed gang of dacoits attacked a wedding reception at village Itawa in Rohtas district on the night of June 8, 1987 and gunned down eight people. The prosecution said the four had participated in the attack.

The appellants had, however, pleaded they were falsely implicated in the case. Their claim was rejected both by the trial court and the high court.

The Additional Sessions Judge of the trial court in Rohtas had convicted all the 13 accused, including the four convicts who moved the top court.

“About 13 accused persons were tried before the Trial Court as the case was split up against the other absconding accused. Placing substantial reliance upon the evidence of the eye-witnesses including those injured, the Trial Court convicted the appellants along with 7 others. On appeal, the High Court confirmed the said conviction,” the top court said.

“On a perusal of the judgment of the Trial Court and that of the High Court, we find that the entire evidence available on record has been duly taken note of. In such circumstances, we do not find any error warranting interference. The appeals are dismissed,” the top court held.