Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.778 of 2006 ======================================================= 1. Jai Prakash Yadav, son of Tej Narayan Yadav 2. Akhilesh Yadav, son of Uttim Lal Yadav Both resident of village Babhangama, Police Station Bihariganj, District Madhepura ………. ………………….. ……………. …. …. Appellant/s Versus 1. The State Of Bihar …. …. Respondent/s WITH Criminal Appeal (DB) No. 824 of 2006 ======================================================= Dinesh Yadav, son of Late Mahadeo Yadav, resident of village Tulsiya, Police Station Bihariganj, District Madhepura….. Appellant Versus The State Of Bihar ……………………...... .... Respondent/s WITH Criminal Appeal (DB) No. 853 of 2006 ======================================================= Arvind Purve, son of Late Daya Nand Purve, resident of village Babhangama, Police Station Bihariganj, District Madhepura …. ……………………………………………………….. Appellant/s Versus The State Of Bihar …………. .... .... Respondent/s WITH Criminal Appeal (DB) No. 895 of 2006 ======================================================= Buchchi Mian, son of Giro Mian, resident of village Tulsiya, Police Station Behariganj, District Madhepura …. …. Appellant/s Versus The State Of Bihar ………………………...... .... Respondent/s WITH Criminal Appeal (DB) No. 933 of 2006 ======================================================= 1. Natta Mian, son of Badar Mian 2. Sulo Mian, son of Badar Mian Both resident of village Tulsiya, Police Station Behariganj, District Madhepura ………. …………… ……………… …. …. Appellant/s Versus The State Of Bihar …………. ………………….... .... Respondent/s WITH Criminal Appeal (DB) No. 937 of 2006 ======================================================= Shamshad Mian, son of Liyakat Mian, resident of village Tulsiya, Police Station Bihariganj, District Madhepura …. Appellant/s Versus The State Of Bihar …………………. …….... .... Respondent/s Patna High Court CR. APP (DB) No.778 of 2006 dt.10-09-2011 2 / 21 2 WITH Criminal Appeal (DB) No. 953 of 2006 ======================================================= Manoj Yadav @ Shushil Yadav, son of Late Phuleshwar Yadav, resident of village Sahsaul, Police Station Barharakothi, District Purnea .... .................................................... Appellant/s Versus The State Of Bihar …….. ……. ………. ...... .... Respondent/s WITH Criminal Appeal (DB) No. 956 of 2006 ======================================================= Mustaque Mian, son of Najir Mian, resident of village Tulsiya, Police Station Bihariganj, District Madhepura …….. Appellant/s Versus The State Of Bihar ….. ………….. …………. .... .... Respondent/s WITH Criminal Appeal (DB) No. 962 of 2006 ======================================================= Lalit Yadav, son of Late Foko Yadav, resident of village Tulsiya, Police Station Bihariganj, district Madhepura ………. Appellant/s Versus The State Of Bihar .. ….. ….. ….. ….. ….... .... Respondent/s WITH Criminal Appeal (DB) No. 89 of 2007 ======================================================= Biswamohan Purvey, son of Late Madan Purvey, resident of village Bhabhangama, Police Station Bihariganj, District Madhepura ……………………………………………………….. .... Appellant/s Versus The State Of Bihar …. ……. …… …… ….... .... Respondent/s ======================================================= APPEARANCE : For the Appellant/s : Mr. Kanhaiya Prasad Singh, Sr Advocate Mr. Binod Kumar Sinha, Advocate Mr. Uday Chand Prasad, Advocate Mr. Akhilesh Kumar, Advocate Mr. Shailendra Kumar Singh, Advocate For the State : Mr. Ashwani Kumar Singh, A.P.P. ========================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN AND HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI CAV JUDGMENT (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) Patna High Court CR. APP (DB) No.778 of 2006 dt.10-09-2011 3 / 21 3 These ten appeals are being heard together as they arise out of the common judgment passed in Sessions Trial No. 14 of 2005 on 10.8.2006 by the 1st Additional Sessions Judge, Madhepura. The Trial Court has convicted all the accused persons twelve in number under [STATUTE] , 27 of the Arms Act and Sections 3(i)(iv), 3(i)(v) and 3(i)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. All of them independently been awarded life imprisonment under [STATUTE] along with a fine of Rs. 30,000/- each, in default of which they have to undergo two years imprisonment. All the appellants have been further sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 10,000/- each under Section 27 of the Arms Act and in default of which further sentence of one year. The appellants have also been sentenced under [STATUTE] to undergo rigorous imprisonment of three years. They have further been sentenced for five years and a fine of Rs. 10,000/- under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and in default of which further sentence of one year. 2. Five persons, namely, Mittan Rishideo, Domni Devi, Khusboo Kumari, Lila Devi and Urmila Devi were murdered on 8.8.2004 at about 3:30 a.m. in the paddy field of Yogendra Rishideo. Patna High Court CR. APP (DB) No.778 of 2006 dt.10-09-2011 4 / 21 4 3. The informant Nirmala Devi, P.W. 9, gave her fardbayan on 8.8.2004 at about 5:30 a.m. stating therein that at about 8 p.m. on the preceding evening one Foko Yadav was murdered. It has been alleged by the family members of Foko Yadav, that the persons of Rishideo Tola along with their supporters were responsible for the death of Foko Yadav. It is alleged that in order to take revenge, Sulo Mian, Natta Mian, Buchchi Mian, Lalit Yadav, elder son-in-law of Foko Yadav, Dinesh Yadav, Mustaq Mian, Shamshad Mian, Shaligram Singh, Bishwamohan Purve, Arvind Purve along with 15 other persons variously armed with weapons came to the village and began to search for the male members of the Tola. It

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.