Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.768 of 2012 ====================================================== Ram Chandra Dubey S/O Late Gauri Shankar Dubey R/O Village - Sapnautiya, P.S. Sonhan, District - Kaimur At Bhabhua .... .... Appellant/s Versus 1. The State Of Bihar 2. Subhash Ram S/O Ram Surat Ram. 3. Sheo Muni Ram S/O Ram Surat Ram. 4. Ram Lal Ram S/O Late Ram Das Ram. 5. Mutur Ram S/O Late Ram Das Ram. 6. Moti Lal Ram S/O Late Dasain Ram. 7. Parayan Ram S/O Mutur Ram. 8. Sheo Bilas Bind S/O Ram Janam Bind. 2 to 8 are residents of Village - Sapnautiya, P.S. Sonhan, District - Kaimur At Bhabhua .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Jitendra Kumar Pandey, Adv. For the Respondent/s : Mr. Mattoob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 3 13-08-2012 The appellant has challenged the judgment of conviction and order of sentence dated 21.6.212 and 28.6.2012 respectively passed by Sri Harindra Nath, Ad hoc Addl. Sessions Judge-V, Kaimur at Bhabua in Sessions Trial No. 209 of 2010/61 of 2010 whereby the accused persons, namely, opposite party no. 2 to 8 have been sentenced to undergo life imprisonment and a fine of Rs.10,000/- under [STATUTE] , three years rigorous imprisonment under [STATUTE] and a fine of Rs.1000/- and seven years rigorous imprisonment under Section Patna High Court CR. APP (DB) No.768 of 2012 (3) dt.13-08-2012 2 27 of the Arms Act. All the sentences have been directed to run concurrently and in default of payment of fine further to undergo rigorous imprisonment for six months. Learned counsel for the appellant has submitted that the accused persons should have been hanged and the trial court has sentenced them leniently. The trial court has discussed the evidence but it has not noted the argument of the defence that no one independent witness was present when the occurrence was in open field. We see no merit in this appeal which is held to be without merit. Distinction between the offence from general class to rare of rarest class has been discussed in several cases and this case does not come within the purview of the case in which this classification should have been made that the offence made out in this case shall be covered under the category of rare of rarest case. Considering this, the appeal being without merit, is accordingly, dismissed. Kanchan/- (Shyam Kishore Sharma, J) (Amaresh Kumar Lal, J)

Applicable IPC Section: 149

Statute Text:
Section 149 of the Indian Penal Code. If an offence be committed by any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.