Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.537 of 1990 =========================================================== 1. Raj Mandal Tiwary, son of Shri Mathura Tiwary 2. Shambhu Tiwary 3. Ram Eqbal Tewary, both sons of Bindeshwar Tiwary 4. Pujan Tiwary 5. Shankar Tiwary, both sons of Raj Mangal Tiwary 6. Kameshwar Tiwary, son of Mahipat Tiwary 7. Madan Tiwary, son of Bindeshwar Tiwary 8. Raj Kishore Pandey, son of Fakirchand Pandey 9. Jawahar Pandey, son of Raj Kishore Pandey 10. Brij Kishore Pandey, son of Fakirchand Pandey 11. Shatrughan Das, son of Ram Lakhan Das All residents of village Anjana Kat, P.S. Motipur (Baruraj), District Muzaffarpur .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellant/s : Mr. Rajesh Bhardwaj, Adv. For the Respondent/s : Ms. Shashi Bala Verma, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA and HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA) Date: 19-10-2012 This appeal is directed against the judgment dated 11.12.1990 passed by the 1st Addl. District and Sessions Judge, Muzaffarpur in S.Tr.No. 129/1982, whereby and whereunder the appellants named above have been found guilty for offence under [STATUTE] as also under [STATUTE] and have been sentenced to undergo R.I. for life under the count of [STATUTE] . awarding no separate sentence for offence under [STATUTE] . 2. The prosecution case, in brief, as per fardbeyan (Ext.4) of the informant Radha Mohan Pandey (P.W.14) lodged at Kazi Mohammadpur Police Patna High Court CR. APP (DB) No.537 of 1990 dt.19-10-2012 2 Station in the town of Muzaffarpur at 5.30 A.M. on 8.4.1980 is that on the previous day i.e. 7.4.1980 at about 6.30 P.M. while he was in his orchard of Lichi alongwith his brother Kuwar Pandey (deceased), a mob of 15-20 persons variously armed with lathi and bhala having arrived in the orchard had started up- rooting the hut and when they were dissuaded in doing so by both informant and his brother (deceased), the aforesaid members of the mob having defied the same and kept on up-rooting the hut. The informant has further stated that finding no other way both he and his brother started raising hulla on which the co-accused Awadh Pandey (since dead) had given orders to kill and had also simultaneously assaulted his brother Kuwar Pandey by lathi on his head whereas other members of the mob, namely, Sidheshwar Pandey, Ram Kishore Pandey, Raj Kishore Pandey, Brij Kishore Pandey, Jawahar Pandey, Binda Pandey, Shambhu Tiwari, Ram Eqbal Tiwari, Madan Tiwari, Bideshwar Tiwari, Shankar Tiwari, Pujan Tiwari, Raj Mandal Tiwari, Kameshwar Tiwari and Satrughan Das had also started assaulting his brother leading to bleeding injuries on the person of his brother. The informant has also claimed that he had also made an effort to save his brother by covering him but he too was assaulted by the aforesaid persons by lathi and when he started shouting which led to arrival of his son as also many other villagers, and amongst them Deodhari Rai (P.W.7), Kirani Sahni (P.W.1), Ram Suresh Pandey (P.W.6), Rajdeo Pandey (P.W.8), Ram Sevak Pandey (P.W.10), Raghunandan Ram (P.W.2) had intervened and intermeddled in which others also had sustained injuries. 3. The further case of the informant is that after such an assault the accused persons having treated his brother to be dead had actually thrown the body of his brother in the adjacent pile of straw (Kharhaur) and only when a large number of villagers had started assembling, the accused persons had fled away. It Patna High Court CR. APP (DB) No.537 of 1990 dt.19-10-2012 3 is the specific case of the informant that he alongwith others having lifted the body of his brother Kunwar (deceased), while he was still unconscious had taken him to Motipur hospital and when in course of his treatment in Motihpur Hospital the doctor finding the physical condition of his brother Kunwar to be serious had advised for being taken to Muzaffarpur, the informant with others had started at about 1 A.M. in the night by train for Muzaffarpur but his brother had succumbed to his injuries in the way itself near Kaparpura Station in the train. The informant has also stated that the reason for such an assault leading to death of his brother was the possession of orchard of Lichi which the accused persons wanted to occupy by use of brute force. 4. On the basis of the aforementioned fardbeyan of the informant (P.,W.14), the Sub Inspector of Police S.C.Choudhary having recorded it had sent to Motipur Police Station, in view of the place of occurrence being within the territorial jurisdiction of Motipur Police Station where First Information Report was registered at 2 P.M. on 8.4.1980 as Baruraj (Motipur) P.S.Case No. 4/1980. The police after investigation had subsequently submitted a charge sheet and the case thereafter was committed to the court of sessions where after it had led to impugned judgment of conviction and sentence which is the subject matter of the present appeal. 5. Mr. Rajesh Bhardwaj, learned counsel appearing on behalf of the appellants, while assailing the impugned judgment has basically concentrated on two main aspects, namely, the motive of forcibly dispossession of Lichi orchard scribed against the appellants was itself false, inasmuch as the appellant Raj Mandal Tiwari and his brothers were themselves the owners of the land and were also in possession. Mr. Bhardwaj , therefore, is of the view that the very genesis leading to the alleged occurrence has not been successfully proven by the Patna High Court CR. APP (DB) No.537 of 1990 dt.19-10-2012 4 prosecution. Proceeding further he has made an attempt to demonstrate that the prosecution has not

Applicable IPC Section: 147

Statute Text:
Section 147 of the Indian Penal Code. Rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.