Bahraich communal clash: Court cites Manusmriti shlok, sentences main accused to death, 9 to life

Defence Counsel Mukhtar Alam said that the court awarded the death sentence to Sarfaraz alias Rinku while his father and two brothers received life imprisonment.

Earlier on Tuesday, the trial court had held the 10 accused persons guilty on multiple charges, including rioting, murder and attempted murder. Three others were acquitted for the lack of evidence.

On Thursday, all the accused — who belong to the same community — were brought to the court from Bahraich jail under heavy security.

“After hearing arguments from both sides on the question of sentencing, the court awarded life imprisonment to nine accused and awarded death sentence to main accused Sarfaraz alias Rinku,” said PK Singh, Additional District Government Counsel (ADGC), Bahraich.

Singh said that the weapon used in the crime has been recovered from Sarfaraz’s possession.

Judgment refers to Manusmriti shlok

Quoting the 142-page court order, the ADGC said “… the act committed by the convicted accused is of an extremely heinous nature. They brutally killed an unarmed young man, riddling his body with bullets. His legs were burned so severely that even his nails came off. This act created unrest and instability in society. The cruelty displayed by the convicts shook humanity, disrupted the social order, and pushed it to the brink of collapse. For such perpetrators, the true intent of justice requires that punishment be awarded in a manner that instills fear in those who harbour similar tendencies and reinforces public confidence in the judicial system”.

The court in its judgment referred to a shlok of Manusmriti — “Danḍa śāsti prajāḥ sarvā, danḍa evābhirakṣati. Danḍa supṭeṣu jāgarti, danḍa dharm avidurvaḍhā.”

In line with the above verse, it is in the interest of justice and society that anyone who violates the principles established by law be duly punished. It is the duty of the court that, while imposing punishment, it must recognise the voice and anguish of the public and society, and ensure that those who break social norms are awarded the strictest punishment necessary, so that the true purpose of justice may be fulfilled, Singh said while quoting the order.

According to the Manusmriti, the existence of a system of punishment is considered essential to ensure that the people follow ‘Rajdharma’ (the duties of the state), the court order said. Out of fear of punishment, persons in society refrain from deviating from their moral and social duties. Punishment is what protects the life and property of the people, which is why it was regarded as the supreme duty of the ruler to punish the wrongdoer, stated the order.

The ADGC said that the court examined 12 prosecution witnesses and five defence witnesses during the trial.

Meanwhile, Defence Counsel Mukhtar Alam said, “We will file an appeal against the judgment”.

Alam said that except for a few, most of the accused had been out on bail.

Sarfaraz’s father Abdul Hameed and his two brothers Talib alias Sabloo and Faheem are among those who were awarded life imprisonment, Alam said.

Other six accused who were sentenced to life imprisonment are Mohammad Zeeshan alias Raja, Saif Ali, Javed, Shoaib Khan, Nankau and Maroof Ali.

Mohammad Afzal alias Kallu, Shakeel Ahmad alias Bablu, Khursheed were acquitted by the court, giving them the benefit of doubt.

The case history 

According to the prosecution, the case dates back to October 13, 2024.

The clash allegedly started when a Durga idol immersion procession was passing through a Maharajganj village in Mahsi tehsil and members of a community asked that the music be turned off as the procession passed near their homes and a mosque.

This led to a heated argument between members of the two communities.

The situation escalated when gunshots were allegedly fired, and Ram Gopal, who had allegedly climbed onto the top of the house of the prime accused to assess the situation, sustained a bullet injury. He was rushed to the hospital but succumbed to his injuries.

Following the firing, the clashes escalated and stone-pelting broke out between the two communities, during which several properties — including shops, houses and business establishments — were set ablaze.

The violence escalated the next day, with protesters demanding stringent punishment for the murder culprits. Police eventually used force to disperse the mob and bring the situation under control.

A case in connection with the incident was registered at Hardi police station based on the  complaint filed by Ram Gopal’s brother, Hari Milan. In his complaint, he alleged that Ram Gopal had gone to witness the idol immersion procession when he was allegedly dragged into the house of accused Abdul Hameed and shot at. He had alleged that his brother was also attacked with swords.

In the aftermath of the incident, prohibitory orders were implemented in place, Internet services remained suspended and barricades were set up to prevent outsiders from entering.