Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1059 of 2009 With Interlocutory Application No. 1359 of 2009 And Interlocutory Application No. 1374 of 2010 ====================================================== Shyam Pyari Devi, wife of late Murli Paswan, resident of village Rajpur, P.S. Rajpur, District Buxar .... .... Petitioner/s Versus 1. The State of Bihar 2. Anil Singh 3. Ashok Singh, both 2and 3 sons of late Rang Bahadur Singh 4. Ramashish Singh, son of late Nagina Singh 5. Heera Singh, son of late Nagina Singh 6. Bhuteli Singh @ Sri Kant Singh 7. Ashok Singh, son of Ramashish Singh All residents of village Rajpur, P.S.Rajpur, District Buxar .... .... Opposite party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Surendra Kumar Singh, Advocate For the State of Bihar : Mr. G. P.Jaiswal, Addl.P.P. For the Opp. Party Nos. 2 and 3: Mr. Bindhya Keshri Kumar, Sr.Advocarte Mr. Ashok Kumar Mishra, Advocate Mr. Md. Rais, Advocate For the Opp. Party Nos. 4,5 & 7 : Mr. Kanhaiya Prasad Singh,Sr.Advocate For the Opp. Party No.6 : Mr. Sumant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 7 04-12-2012 Re. Interlocutory Application 1359 of 2009 After having heard the parties, and for the reasons disclosed in this interlocutory application, the delay, occurred in filing the main criminal revision application, is hereby condoned. The interlocutory application stands disposed of Re. Interlocutory Application No. 1374 of 2010 The present interlocutory application has been filed on behalf of one Vikash Kumar, son of the present petitioner Shyam Patna High Court CR. REV. No.1059 of 2009 (7) dt.04-12-2012 2 / 7 2 Pyari Devi, as also son of the deceased of the criminal case namely Murli Paswan, stating therein that during the pendency of the present revision application original petitioner Shyam Pyari Devi, his mother, has passed away on 10.6.2010. In support of the above assertion, the death certificate of Shyam Pyari Devi has been brought on the record as Annexure-3. It is pleaded that the applicant, being the son of the deceased as also of the original petitioner, may be permitted to pursue this litigation challenging the impugned judgment of acquittal. After having heard the parties, and taking into consideration the facts and circumstances of the case, the prayer made in the present interlocutory application is allowed. Let the name of original petitioner Shyam Pyari Devi be expunged from the array of the parties and be substituted by her son, Vikash Kumar, the applicant of the present interlocutory application. The aforesaid interlocutory application stands finally disposed of. Re. Cr. Revision No. 1059 of 2009 Since all the parties of the present proceeding are represented through their respective counsels, hence with their consent the present revision application is being taken up for consideration on merit. Original petitioner Shyam Pyari Devi, being the widow of the deceased, who has now been substituted by her son Vikash Kumar due to her death during the pendency of the present revision application, has approached this Court under sections 397 and 401 of the Code of Criminal Procedure, 1973, questioning the correctness, propriety and validity of the judgment and order dated Patna High Court CR. REV. No.1059 of 2009 (7) dt.04-12-2012 3 / 7 3 20.3.2009 passed in Sessions Trial No. 209 of 2007 by the learned Additional Sessions Judge, Fast Track Court-IV, Ara, Bhojpur, whereby accused opposite party nos. 2 to 7 have been acquitted of all the charges under [STATUTE] and Section 27 of the Arms Act. P.W.2 Surendra Paswan submitted a written report to the Railway Police, Buxar on 6.6.1997 at about 7 A.M. in the morning stating therein that in the night of 5.6.1997/6.6.1997 at about 2 A.M., he along with his cousin brother Murli Paswan (deceased) returned back to Buxar from Patna and while they were proceeding towards their house situate western side of the platform of Buxar Railay Station, accused persons fired upon the deceased Murli Paswan, as a result of which he fell down. Accused persons were allegedly armed with firearms. He claimed to have somehow succeeded in saving his life and could reach his Sasural at village Chakia. It is claimed in the written report that he returned in the morning hours along with other persons and reported the matter to the Railway police, Buxar, on the basis of which Buxar Rail P.S.Case No.12 of 1997 dated 6.6.1997 under [STATUTE] and Section 27 of the Arms Act was instituted and investigation was taken up. It is not in dispute that on close of investigation, charge sheet was submitted against all the accused-opposite parties and after cognizance being taken, the case was committed to the court of Sessions for trial. The accused persons denied the charges by taking a plea of false implication due to previous enmity between the two sides. Out of 12 charge sheeted witnesses, only 7 P.Ws. were examined in support of the prosecution case. Out of them P.W. 6 Patna High Court CR. REV. No.1059 of 2009 (7) dt.04-12-2012 4 / 7 4 Arvind Kumar, while holding the post of Dy.S.P. of the C.I.D., Bihar, Patna, and P.W. 7 Nigam Kumar Verma, Officer-in-charge of Railway Police Station, Buxar had conducted some part of investigation with respect to the present criminal case. P.W. 2 Surendra Paswan is the informant whereas P.Ws. 1, 3, 4 and 5 were produced as eye witnesses. However, despite opportunity given, neither the Doctor, who conducted the post mortem examination, nor other three Investigating Officers, namely, Hardeo Narain Mandal, J.P. Mallick and Sudama Prasad, who conducted major part of investigation, were produced during the course of trial. Unfortunately, out of five alleged eye witnesses, P.Ws. 1, 2 and 3 were declared

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.