While giving its verdict on Thursday (December 11) in the case of Ram Gopal Mishra murder that took place during the Durga idol immersion yatra in Bahraich on October 13, 2024, the court sentenced the main accused Sarfaraz alias Rinku to death. The other nine accused Abdul Hameed, Faheem, Talib alias Sablu, Saif Ali, Javed Khan, Jishan alias Raja, Shoaib Khan, Nankau and Maroof Ali were given life imprisonment. All the accused were presented in the court from the district jail. The court also mentioned Manusmriti in its decision.

According to the court’s decision, the prosecution made it clear that the murder was not the result of an ordinary dispute, but was a heinous incident of extreme cruelty and well-planned. The government lawyer said that this murder is an extreme example of ‘brutality’ and ‘humanity’. He told that 7 to 8 rounds were fired on the deceased Ram Gopal Mishra, about 40 entry wounds and 2 exit wounds were found on the body. Apart from this, the toes of both the feet were given deep burns and the nails were pulled out, which further increases the brutality of the murder.

The penal system is absolutely necessary for the welfare of the people – Manusmriti

Citing Manusmriti, the court said, “Dand Shasti Prajah Sarva Dand Evabhirakshati, Dand Supteshu Jagarti, Dand Dharma Vidurvadha.” That is, the penal system is absolutely necessary for the welfare of the society and the people. It is said in Manu Smriti that people do not deviate from their religion and duty due to fear of punishment and it is a means of maintaining security and order in the society. From this point of view, giving appropriate punishment to criminals is considered necessary in the interest of justice and society.

Criminals should be given strict punishment – Government lawyer

The prosecution also said that the purpose of the murder was to establish social and religious dominance. After this incident, panic spread in the entire city. Schools were closed, internet remained down for three days and RAF and PAC had to be deployed to maintain security. It took a month for normalcy to return to the city. The government lawyer said that this incident is like an ‘attack on Maa Bharati’ and the criminals should be given harsh punishment so that a message is sent to the society that no crime against the law will be tolerated.

This murder was completely planned- Court

The defense argued that this is the first offense of the accused and they have no criminal history, hence they should be considered for lesser punishment and fine. The court carefully listened to the arguments of the prosecution and defense and reviewed its record. The court said that this murder was completely planned. The culprits dragged Ramgopal Mishra out of his house and Sarfaraz fired at him with a licensed gun. The upper body of the deceased was in such a serious condition that it was described as like a sieve. The court called it a heinous, cruel and cold-blooded murder.

The court clarified that death penalty is given only in ‘rarest of rare’ cases, in which it is necessary to balance the nature of the crime and the circumstances of the criminals. In its decision, the court cited the decisions of previous historical cases like Bachan Singh and Macchi Singh.

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District Magistrate of Bahraich, Uttar Pradesh, Akshay Tripathi has taken a big action in the case of inciting communal violence during Durga immersion in Maharajganj area of ​​Mahsi subdivision last year. The DM has imposed the National Security Act (Rasuka) against eight people jailed for almost a year on this charge.

The formal notification of the order of the District Magistrate was issued on 30 September, which was informed by the police on Thursday through a statement to the media.

Accused of inciting violence during Durga immersion

According to the statement issued by Superintendent of Police Ram Nayan Singh, this communal violence took place during the Durga Visarjan procession under Hardi Police Station area in October 2024, in which a Hindu youth was shot. Due to which he died.

The eight people against whom the District Magistrate has imposed Rasuka is Maruf Ali, Nankau, Mohammad Faheem, Mohammad Afzal, Mohammad Zeeshan, Javed, Shoaib Khan and Saif Ali. All the accused are residents of Rehuva Mansoor and Maharajganj town.

Action taken on DM’s instructions

This action has been taken on the report of police officers and the recommendation of the Superintendent of Police of Bahraich. Police said that this action has been taken for the purpose of maintaining law and order in the district, public peace and public security. This year, there is a program to take out a procession of Durga immersion on Friday 3 October.

It is noteworthy that on October 13, 2024, during the Durga immersion in Maharajganj, a controversy started to play on the DJ. After which violence erupted on both sides. Due to which 22 -year -old Ram Gopal Mishra died in a fierce struggle and many others were injured.

During this violence, the uncontrollable mob had caused heavy damage to the property including setting fire to houses, shops, a hospital, motorcycles and cars. DM has now directed all these accused to take action under NSA.

The DM clearly said that these action has been taken with the aim to maintain law and order, maintain public peace and public security. He warned that if someone tries to disrupt peace in future, there will be strong action.

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