Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.327 of 1990 =========================================================== 1. Sadhu Rai, son of Barhu Rai 2. Nageshwar Rai, son of Barhu Rai 3. Jaddu Rai, son of Raji Ram Rai All residents of village Nagatola, Goria Asthan, P.S. Maner, District Patna .... .... Appellants Versus The State of Bihar .... .... Respondent with Criminal Appeal (DB) No. 397 of 1990 =========================================================== Shiv Nath Rai, son of Barhu Rai, resident of village Goria Asthan Naya Tola, P.S. Maner, District Patna .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Shashi Shekhar Dvivedi, Sr.Adv. Mr. Ranjan Kumar Dubey, Adv. For the State : Mr. Ajay Mishra, A.P.P. For the informant : Mr. Dilip Kumar Sinha, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA and HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA) Date: 07-12-2012 Both these appeals are directed against the common judgment dated 6.8.1990 passed by the 6th Addl. Sessions Judge, Patna in S.Tr.No. 415 of 1989/ 44 of 1989 whereby and whereunder the appellant Sheonath Rai (Cr.Appeal No. 397/1990) has been convicted under [STATUTE] and has been sentenced to undergo Rigorous Imprisonment for life, Patna High Court CR. APP (DB) No.327 of 1990 dt.07-12-2012 2 whereas no separate sentence was passed under [STATUTE] . The rest of the appellants, namely, Sadhu Rai, Nageshwar Rai, Jaddu Rai, Barhu Rai, Baboo Lal Rai and Sheocharan Rai have been convicted for offence under [STATUTE] and have been sentenced to undergo Rigorous Imprisonment for life. The appellants Sheocharan Rai and Barhu Rai have also been convicted for offence under [STATUTE] but no separate sentence has been passed against them in this regard. In likewise manner the appellant Sadhu Rai, Nageshwar Rai, Jaddu Rai and Baboo Lal Rai were found guilty for offence punishable under [STATUTE] but no separate sentence was passed against them. 2. It has to be noted that during the pendency of this appeal the appellants Sheocharan Rai, Barhu Rai and Baboo Lal Rai had died and the same was also confirmed by the report of Sr. Superintendent of Police, Patna dated 1.10.2012, whereafter by an order dated 27.11.2012 the appeal against the aforesaid appellants Sheocharan Rai (appellant no.1), Barhu Rai (appellant no.4) Baboo Lal Rai (appellant no.6) in Cr.Appeal No. 327/1990 was held to have abated. The two appeals, therefore, now survive only in respect of four appellants, namely, Shivnath Rai in Cr.Appeal No. 397/1990 and Sadhu Rai, Nageshwar Rai and Jaddu Rai in Cr.Appeal No. 327/1990. Patna High Court CR. APP (DB) No.327 of 1990 dt.07-12-2012 3 3. The prosecution case is based on a written report given by Vijay Kumar (P.W.5) who having appeared on 13.3.1988 at about 4.30 P.M. at Maner Police Station with the dead body of his father Paras Rai (deceased) and in company of his uncle Sheo Pujan Rai (P.W.3) had stated that on the same day at about 3.30 P.M. while he was at his house, appellant Sheonath Rai armed with Bhala, appellant Sadhu Rai also armed with Bhala, Sheocharan Rai (since dead) armed with bricks, appellant Nageshwar Rai armed with pistol, appellant Jaddu Rai armed with Bhala, Baboo Lal Rai (since dead) armed with Bhala, Barhu Rai (since dead) armed with brick and one other co- accused, namely, Girdhar Rai (since acquitted by the trial court) armed with brick had arrived over there and had chased his uncle P.W.3 for assaulting him. The informant has also stated that when his uncle had run away, the accused persons started pelting stones. It is further case of the informant that he alongwith his father Paras Rai (deceased) and Police Rai (P.W.1) had gone running to the place for stopping the accused persons from chasing and assaulting his uncle Sheo Pujan Rai as also pacifying them but Barhu Rai (since dead) and co-accused Girdhar Rai had started again pelting stones as a result whereof both he (informant) and Police Rai (P.W.1) had sustained injuries. The specific allegation of the informant in his written report was that his father Paras Rai was dragged by the appellant Jaddu Rai Patna High Court CR. APP (DB) No.327 of 1990 dt.07-12-2012 4 and appellant Lal Baboo Rai whereafter the appellant Shiva Nath Rai had caused piercing injury by a bhala on the left side of his chest, as a result whereof his father had fell down over there itself on the ground whereafter all the accused persons had run away. 4. It is the further case of the informant that he had made an effort to save the life of his injured father who was being brought to Maner on a Tempo for his treatment but he had succumbed to his injuries in the way near village Mahinawan. The informant has disclosed the reason for such occurrence being some old dispute with regard to arrear of Rs. 650/- with the appellant Jaddu Rai which was payable to his uncle Sheo Pujan Rai and altercation taking place only on account of demand of return of such money by his uncle. The informant has also stated that in course of pelting of stones by accused persons lady inmates of the house has also sustained injuries. The informant in his F.I.R. has named Manohar Rai (not examined), Pujeri Rai (P.W.2), Khelari Rai (not examined) as also others of the neighbouring area as witnesses of the occurrence. It has to be noted that Kamta Singh (not examined) and Saryu Rai (not examined) were made attesting witnesses to the F.I.R. 5. The aforesaid F.I.R. led to institution of Maner P.S.Case No. 0061/1988 and the police after conducting investigation had submitted a charge sheet against all the eight persons named in the P

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.