Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.433 of 1989 =========================================================== 1. Deo Nandan Rai son of Birju Rai 2. Shanker Rai son of Birju Rai 3. Satendra Rai son of Ramayodhya Rai All resident of village- Bhagwanpur, P.S.- Riga, District- Sitamarhi .... .... Appellant/s Versus State Of Bihar…………………………………………………..... .... Respondent/s With Criminal Appeal (DB) No. 456 of 1989 =========================================================== 1. Ramayodhya Rai son of Sonfi Rai 2. Deosaran Rai son of Keshwar Rai All resident of village- Bhagwanpur, P.S.- Riga, District- Sitamarhi .... .... Appellant/s Versus The State of Bihar……………………………………………..... .... Respondent/s =========================================================== Against the judgment of conviction and order of sentence dated 31st August, 1989 passed by Shree Kamala Prasad, Ist Additional Sessions Judge, Sitamarhi in Sessions Trial No. 84 of 1987 =========================================================== Appearance : (In CR. APP (DB) No. 433 of 1989 and in CR. APP (DB) No. 456 of 1989) For the Appellant/s : Mr. Devendra Kumar Sinha, Sr. Advocate Mr. Suraj Narayan Prasad Sinha, Sr. Advocate Mrs. Mira Kumari, Advocate Mr. Rakesh Kumar Sinha, Advocate Mr. Anuj Prakash, Advocate Mr. Abhinay Raj, Advocate For the Informant : Mr. Mahendra Thakur, Advocate For the Respondent/s : Ms. Shashi Bala Verma, APP For the Respondent/s : Mr. Shiwesh Chandra Mishra, 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: 19-04-2012 Initially Cr. Appeal No. 433 of 1989 (DB) was filed by Deo Nandan Rai, Shanker Rai, Satendra Rai and Sonfi Rai, Cr. Appeal No. 456 of 1989 Patna High Court CR. APP (DB) No.433 of 1989 dt.19-04-2012 2 (DB) was filed by Ramayodhya Rai, Rambibhisan Rai @ Ram Babhichan Rai, Birju Rai and Deosaran Rai and Cr. Appeal No. 463 of 1989 (DB) was filed by Tapeshwar Rai. 2. Since Rambibhisan Rai @ Ram Babhichan Rai Son of Sonfi Rai, Birju Rai son of Chhathu Rai of Cr. Appeal No. 456 of 1989 (DB), Sonafi Rai son of Mogal Rai of Cr. Appeal No. 433 of 1989 (DB) and sole appellant Tapeshwar Rai son of Jiyalal Rai of Cr. Appeal No. 463 of 1989 (DB) have died during the pendency of these appeals, their appeals have already been abated vide order dated 18.4.2012. 3. The appellants above named along with others of all the appeals were convicted by the learned Ist Additional Sessions Judge, Sitamarhi on 31.8.1989 in Sessions Trial No. 83 of 1987 whereby appellant Tapeshwar Rai (now dead) was convicted under [STATUTE] , appellant Deo Saran Rai was convicted under [STATUTE] , appellant Ram Ayodhya Rai, Shanker Rai, Deo Nandan Rai, Satendra Rai and Sonafi Rai (now dead) were convicted for the offences under [STATUTE] and appellant Ram Bhabhichhan Rai @ Bhabhichhan Rai and Birju Rai (both dead) were convicted for the offence punishable under [STATUTE] . For offence under [STATUTE] appellant Tapeshwar Rai (now dead) was sentenced to undergo rigorous imprisonment for life. Others were sentenced to undergo rigorous imprisonment for life under [STATUTE] . Under [STATUTE] accused persons were sentenced to undergo two years rigorous imprisonment whereas for the offence under [STATUTE] the accused persons were sentenced to undergo rigorous imprisonment for one year. Deosaran Rai was further sentenced to undergo rigorous imprisonment for Patna High Court CR. APP (DB) No.433 of 1989 dt.19-04-2012 3 one year. All the sentences were ordered to run concurrently. 4. The occurrence of the evening at about 7.30 PM on 28.12.1986 led to registration of Riga P.S. Case No. 124 of 1986 under [STATUTE] . The fard-beyan of the occurrence was recorded by the Sub-Inspector of Police D. N. Singh (PW 13) on 29.12.1986 at 0.015 hours. Place of occurrence was of village Bhagwanpur. The informant (PW9) Sarswati Devi wife of Brij Nandan Rai (deceased) alleged that at about preceding 7.30 PM her husband Brij Nandan Rai after eating was tooth picking. At that very time Ram Ayodhya Rai came from the side of house of Tapeshwar Rai. The informant’s husband wanted to restrain him for visiting the house of Tapeshwar as according to him, it was causing agony to him. On this query, Ram Ayodhya Rai started into scuffling with Brij Nandan Rai. Ram Ayodhya Rai cried thereupon Tapeshwar Rai with Farsa, Bhibhisan Rai with Farsa, Deosharan Rai with Bhala, Birju Rai with Bhala, Shankar Rai and Devnandan Rai having lathi, Satyendra Rai with lathi and Sonfi Rai with lathi came. Shankar Rai, Deonandan, Satyendra Rai and Sonfi Rai started assaulting the informant’s husband as they were beating maize. When the informant’s husband fell down then Farsa blow was given by Tapeshwar Rai, Birju Rai has given Bhala blow on his mouth. Deosharan gave another Bhala blow in the mouth and Bhibhishan Rai gave farsa blow. When the informant went to rescue her husband then she was assaulted after chase made by Shankar Rai by Bhala which caused injury upon her left hand. Informant’s husband fell down but Ram Ayodhya Rai told that the informant’s husband was alive so he jumped upon the body giving fatal blow to the informant’s husband. The occurrence was witnessed by the villagers Sita Ram Rai (PW 4), Ram Shresth Rai (PW 2), Chulhai Rai (PW 5), Ram Sewak Rai son of late Shivlochan Rai (PW 1). Nagina Devi wife of Tapeshwar Rai was having some foul relation with Ram Ayodhya and that was not being tolerated Patna High Court CR. APP (DB) No.433 of 1989 dt.19-04-2012 4 and on protest incident of kill

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.