Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA ***** Criminal Appeal (DB) No.227 of 1989 With Criminal Appeal (DB) No.231 of 1989 With Criminal Appeal (DB) No.233 of 1989 With Criminal Appeal (DB) No.240 of 1989 With Criminal Appeal (DB) No.249 of 1989 ***** against the judgment of conviction and order of sentence dated 18th of May, 1989 passed by Shri Mahmood Alam Mohnavi, the learned 8th Additional Sessions Judge, Patna in Sessions Trial No. 888 of 1987. =========================================================== Amrendra Kumar Suman, Son of Sri Bhuneshwar Sharma, Resident of Boring Canal Road, West, P.S.-Sri Krishnapuri, Town and District-Panta. (in Criminal Appeal (DB) No. 227 of 1989) Madheshwar Singh @ Madhu, Son of Sri Tarkeshwar Singh, Resident of Rajapur, P.S.- Sri Krishnapuri, Town and District-Patna. (in Criminal Appeal (DB) No. 231 of 1989) Akhileshwar Kumar Singh @ Mitai, Son of Late Tarkeshwar Prasad Singh, Resident of Rajapur, P.S.-Sri Krishnapuri, District-Patna. (in Criminal Appeal (DB) No. 233 of 1989) Anil Kumar Singh, Son of Chandradeep Singh, Resident of Village-Rajapur, Police Station- S.K. Puri, District-Patna. (in Criminal Appeal (DB) No. 240 of 1989) Sunil Kumar Singh, Son of Chandradeep Singh, Resident of Village-Rajapur, Police Station- S.K. Puri, District-Patna. (in Criminal Appeal (DB) No. 249 of 1989) .... .... Appellants. Versus The State of Bihar .... .... Respondent. =========================================================== Appearance: For the Appellants : Mr. Akhileshwar Prasad Singh, Sr. Advocate. Mr. Sunil Singh, Advocate. Mrs. Anita Kumari Singh, Advocate. (in Criminal Appeal (DB) No. 227 of 1989) : Mr. Shakil Ahmad Khan, Sr. Advocate. Mr. Abhimanyu Sharma, Advocate. Mr. Udai Shanker Singh, Advocate. Ms. Prakrita Sharma, Advocate. (in Criminal Appeal (DB) No. 231 of 1989 with 233 of 1989) : Mr. Jitendra Singh, Advocate (in Criminal Appeal (DB) No. 240 of 1989) Patna High Court CR. APP (DB) No.227 of 1989 dt.16-02-2012 2 : Mr. Neeraj Kumar @ Sanidh (Amicus Curiae) (in Criminal Appeal (DB) No. 249 of 1989) For the Respondent : Ms. Shashi Bala Verma (in all the above appeals). =========================================================== ***** CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 16-02-2012 ***** When the appeals were taken up for hearing it has been submitted by the appellants of other appeals that Anil Kumar Singh – appellant of Criminal Appeal (DB) No. 240 of 1989 has died. Thus in proof of death, a death certificate granted by the competent officer has been filed through a supplementary affidavit. 2. Hence, there is no confusion in accepting that appellant Anil Kumar Singh has died. 3. In view of the supplementary affidavit, appeal against the appellant Anil Kumar Singh stands abated. 4. Criminal Appeal 227 of 1989 (DB) on behalf of Amrendra Kumar Suman, Criminal Appeal 231 of 1989 (DB) on behalf of Madheshwar Singh @ Madhu, Criminal Appeal 233 Patna High Court CR. APP (DB) No.227 of 1989 dt.16-02-2012 3 of 1989 (DB) on behalf of Akhileshwar Kumar Singh @ Mitai, Criminal Appeal 240 of 1989 (DB) on behalf of Anil Kumar Singh and Criminal Appeal 249 of 1989 (DB) on behalf of Sunil Kumar Singh have been taken up together as all these appeals have arisen out of one judgment and order of sentence dated 18th of May, 1989 passed by the learned 8th Additional Sessions Judge, Patna in Sessions Trial No. 888 of 1987 G.R. Case No. 1057 of 1987 arising out of Kotwali (Shri Krishnapuri) P.S. Case No. 360 dated 05.04.1987 whereby all the appellants were found guilty under [STATUTE] , appellant Amrendra Kumar Suman and Madheshwar Singh @ Madhu were found guilty under [STATUTE] and other three appellants Anil Kumar Singh, Sunil Kumar Singh and Akhileshwar Kumar Singh @ Mitai were further found guilty under [STATUTE] and [STATUTE] the appellants were sentenced to undergo RI for Patna High Court CR. APP (DB) No.227 of 1989 dt.16-02-2012 4 life. For the offence under [STATUTE] appellants Amrendra Kumar Suman and Madheshwar Singh @ Madhu were sentenced to undergo RI for one year. For the offence under [STATUTE] appellants Akhileshwar Kumar Singh @ Mitai, Anil Kumar Singh and Sunil Kumar Singh were sentenced to undergo rigorous imprisonment for two years and these three persons were further sentenced to undergo rigorous imprisonment for three years each under Section 27 of the Arms Act. The sentences were ordered to run concurrently. 5. The prosecution case is based upon the fardbeyan (Ext.5) of Upendra Kumar P.W.6 – brother of deceased Narendra Kr. Singh recorded by Sub-Inspector R.C. Singh P.W.9 of Sri Krishnapuri police station on 05.04.1987 at about 7 p.m. Narendra Kumar Singh (the deceased) was running his grocery shop located at his house. At that time Rajeev Ranjan Kumar P.W.5, the informant’s elder brother Sachindra Prasad Singh P.W.1 and his Bhagina Dharmendra Kumar P.W.3 were also Patna High Court CR. APP (DB) No.227 of 1989 dt.16-02-2012 5 sitting in the Varanda attached with the shop. The informant with his kid just arrived from Rajapur Bridge side and was about to enter into the house then a white Ambassador Car came. Thereafter three persons Anil Kumar Singh, his younger brother Sunil Kumar Singh and Akhileshwar Kumar Singh @ Mitai got down from the car. Accused Anil Kumar Singh fired which hit the informant’s brother Narendra Kumar Singh in the neck as a result of which he fell down in the Varanda adjacent to the shop and became unconscious. Accused Sunil Kumar Singh and Akhileshwar Kumar Singh @ Mitai also fired from their pistols. Accused Madheshwar Singh @ Madhu and Amrendra Kumar Suman (driving the car) together wit

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.