Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.106 of 1990 ***** Against the judgment of conviction and order of sentence dated 16th of March, 1990 passed by Shri Roop Chand, the learned IInd Additional Sessions Judge, Sitamarhi in Sessions Case No. 55/1987/116/1988. ***** =========================================================== 1. Kishori Mandal @ Kishori Dhanuk, son of Hardeo Mandal. 2. Chande Musahar, son of Asarfi Manjhi. 3. Jaggu Manjhi, son of Bhuta Manjhi 4. Bholba Manjhi, son of Bhuta Manjhi 5. Asarfi Manjhi, son of Ganga Manjhi (Appellant nos. 1 to 5 are resident of Village –Radhaur, P.S.-Sursand, District-Sitamarhi). 6. Fukawa Musahar, son of Dilchand Manjhi. 7. Sogarath Manjhi, son of Kallu Manjhi. 8. Kirit Manjhi, son of Badri Manjhi. 9. Binde Manjhi, son of Saryug Manjhi. 10. Mahabir Manjhi, son of Chaitu Manjhi. 11. Belba Manjhi, son of Bishuni Manjhi. 12. Nokhe Manjhi, son of Batohi Manjhi (Appellant nos. 6 to 12 are resident of Village – Makunahia, P.S.-Sursand, District-Sitamarhi). .... .... Appellant. Versus The State of Bihar .... .... Respondent. =========================================================== Appearance : For the Appellants : Mr. Barun Kr. Choudhary, Advocate. Mr. Lalit Narayan Jha, Advocate. For the Informant : Mr. V.R.P. Singh, Advocate. Mr. Neelam Prasad, Advocate. For the Respondent : Ms. Shashi Bala Verma, APP. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 06-04-2012 Criminal Appeal No. 106 of 1990 (DB) has been filed on behalf of Kishori Mandal @ Kishori Dhanuk, Chande Musahar, Jaggu Manjhi, Patna High Court CR. APP (DB) No.106 of 1990 dt.06-04-2012 2/19 Bholba Manjhi, Asarfi Manjhi, Fukawa Musahar, Sogarath Manjhi, Kirit Manjhi, Binde Manjhi, Mahabir Manjhi, Belba Manjhi and Nokha Manjhi. They have been convicted and sentenced by the 2nd Additional Sessions Judge, Sitamarhi in connection with Sessions Trial No. 55 of 1987/116 of 1988 dated 16.03.1990, whereby all the appellants have been found guilty under [STATUTE] and have been sentenced to undergo rigorous imprisonment for life under [STATUTE] . No separate sentence was passed for offence under [STATUTE] . 2. According to fardbeyan (Ext.6) of P.W.9 Devendra Thakur, the informant that the occurrence is dated 21.01.1986 at 11.00 a.m. The informant P.W.9, P.W.8 Chandeshwar Paswan and Budhan Mahto (the deceased) were working under Vishwambhar Tiwari of Village Radhaur. On 21.01.1986 Vishambhar Tiwari went to Dumra at 7.00 a.m. At about 10.00 a.m. P.W.7 Sundar Mahto came to the resident of Malik at Village Radhaur from village Makunahia and told that Patna High Court CR. APP (DB) No.106 of 1990 dt.06-04-2012 3/19 Sita Rai, Kishori Dhanuk, Belwa Manjhi, Sheetala Manjhi, Sogarath Manjhi, Mahabir Manjhi, Binde Musahar, Bholwa Manjhi, Kamma Musahar, Jaggu Manjhi, son of Badri Musahar aged 25 years, son of Rebi Musahar aged about 25 years, son of Dasaian aged 25-26 years and 40-50 persons of Village Makunahia, Radhaur and Sahaniapatti are cutting and throwing earth on the road from the field along with the wheat crop. Upon this information, the informant P.W.9, Budhan Mahto (the deceased), P.W.8 Chandeshwar Paswan, P.W.7 Sundar Surhi and P.W.4 Laxmi Thakur went on the land of their mentor at Village Makunahia at 11.00 a.m. and saw accused Sita Rai, Kishori Dhanuk, Belwa Manjhi, Sheetala Manjhi, Sogarath Manjhi, Mahabir Manjhi, Binde Manjhi, Bhola Manjhi, Kamma Manjhi, Jaggua Musahar, son of Badri Musahar, son of Rabi Musahar and son of Dasaian Musahar are cutting earth from the land in which standing crop of wheat and throwing the said earth on the road. The informant, the deceased, Chandeshwar Paswan and others protested and asked the accused Patna High Court CR. APP (DB) No.106 of 1990 dt.06-04-2012 4/19 persons against damaging the wheat crop. Upon this accused Sita Rai asked the accused persons to kill them. 60-70 accused persons surrounded them and started assaulting with sharp cutting weapon as well as back portion of the spade. Accused Sita Rai gave a blow by means of his spade on the head of the informant with great force causing cut and bleeding injury. His second attack with the spade which the informant warded of with his right hand and in course of this attack the informant received injury on his right hand and blood came out. Kishori Dhanuk, Belwa Manjhi, Sogarath Manjhi, Sheetala Manjhi, Binde Manjhi, Bholwa Manjhi, Kamma Manjhi son of Badri Musahar and Dasaian musahar seriously assaulted him on his back by the back portion of their spades. Sita Rai pointed out to deceased Budhan Mahto and asked the accused persons to kill him in place of Maalik of the land. Thereafter, the accused persons started assaulting the deceased Budhan Mahto by means of their spades. In course of that accused Sita Rai gave a blow by means of Kudal on the Patna High Court CR. APP (DB) No.106 of 1990 dt.06-04-2012 5/19 head of the deceased causing cut injury. The deceased fell down on the ground and then the accused Kishori Dhanuk, Belwa Manjhi, Sogarath Manjhi, Sheetala Manjhi, Mahabir Manjhi, Binde Musahar, Bholwa Manjhi, Kamma Musahar, Jaggua Musahar, son of Badri Musahar, son of Rabi Musahar and son of Dasaian Musahar besides 40- 50 other accused persons indiscriminately assaulted by means of sharp portion and back portion of their spades. Such indiscriminate assault upon the informant caused injury near right eye-brow, both the hands, right buttock. Due to impact of the injuries the deceased become unconscious. Sundar Mahto and Laxmi Thakur slapped from there and stood on the road and saw the occurrence. Son of Rabi Musahar assaulted Chandeshwar Paswan while he was running away causing injury on his buttock and right should

Applicable IPC Section: 148

Statute Text:
Section 148 of the Indian Penal Code. Rioting armed with deadly Weapon. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.