Case Facts:
Patna High Court CR. APP (DB) No.544 of 1989 dt.15-03-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.544 of 1989 -------- Against the judgment of conviction and order of sentence dated 02.12.1089 passed by Sri Basudeo Sahai, Sessions Judge, Gopalganj in Sessions Trial No. 143 of 1986. ======================================================= 1. Dudhnath Chaudhary son of Sukhdeo Choudhary 2. Seo Nath Chaudhary son of Dukhi Chaudhary 3. Bishwanath Chaudhary son of Dukhi Chaudhary 4. Ramayan Chaudhary son of Dowarika Chaudhary 5. Seshnath Chaudhary son of Sukhdeo Chaudhary 6. Gorakh Chaudhary son of Babulal Chaudhary All are residents of village Barai Patti, P.S. Yadopur, District Gopalganj ---- ---- Appellants Versus The State of Bihar ----- ------ Respondent ======================================================= Appearance : For the Appellants : M/s Pramod Kumar and Ravi Bhardwaj, Advocates For the Respondent : Mr.Shiwesh Chandra Mishra Additional P.P. ======================================================= CORAM:HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per:HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA) Date: 15-03-2012 ------- This appeal has been filed by the above named six appellants against the judgment dated 02.12.1989 passed by Sessions Judge, Gopalganj in Sessions Trial No. 143 of 1986 by which they have been convicted under Section 302/149 of the Indian Patna High Court CR. APP (DB) No.544 of 1989 dt.15-03-2012 2 Penal Code and have been sentenced to undergo rigorous imprisonment for life. Appellant Dudhnath Chaudhary, Seo Nath Chaudhary and Ramayan Chaudhary have further been convicted under [STATUTE] and 27 of the Arms Act and each of them have been sentenced to undergo rigorous imprisonment for one year under each count. All the sentences were ordered to run concurrently. 2. One Sukhdeo Chaudhary (since dead) had sold one katha of land to P.W.9 Ram Bachan Chaudhary over which Shambhu Chaudhary (deceased) had erected a palani (thatched house). This construction led to a quarrel between Ram Bachan Chaudhary (P.W.9) on one side and accused Sukhdeo Chaudhary (since dead) on another. In that background, on 07.06.1986 at 5.00 A.M. the informant Kamal Chaudhary (P.W.8) and Shambhu Chaudhary (deceased) were sleeping in the sahan in front of their hut. Other family members Meera Kumari (P.W.6), Jitendra Yadav (P.W.7) and Kamleshwari Devi (P.W.5) were sleeping east of Patna High Court CR. APP (DB) No.544 of 1989 dt.15-03-2012 3 their residential house. At that very time, Sukhdeo Yadav (since dead) came shouting and instigating for assault. Sukhdeo Chaudhary, Dudhnath Chaudhary, Seo Nath Chaudhary, Bishwanath Chaudhary and Ramayan Chaudhary were having country made gun whereas Seshnath Chaudhary and Gorakh Chaudhary were possessing lathi. At the behest of Gorakh Chaudhary firings were resorted to by Sukhdeo Chaudhary which caused injury to the informant Kamal Chaudhary, Ram Babu Chaudhary and Shambhu Chaudhary. On hearing gun shot firings, Kauleshwari Devi, Jitendra Chaudhary and Meera Devi came there whereupon Dudhnath Chaudhary fired cuasing injury to Meera Kumari (P.W.6). The firing of Sheo Nath Chaudhary caused injury to Kauleshwari Devi (P.W.5) and firing of Ramayan Chaudhary caused injury to Jitendra Chaudahry (P.W.7). Thereafter the accused persons entered into newly constructed hut and tried to uproot it and to some extent destroyed it. On cry and noise, Rambachan Chaudhary (P.W.9), Rambali Chaudhary (not examined), Ramjee Chaudhary Patna High Court CR. APP (DB) No.544 of 1989 dt.15-03-2012 4 (P.W.2), Mohan Bin (P.W.10) and other villagers came and witnessed the occurrence. The injured were taken to hospital but injured Shambhu Chaudhary died in the way. The fardbeyan (Ext.5) resulted into a formal F.I.R. (Ext.3) of Gopalganj P.S.Case No. 175 dated 07.08.1986 under [STATUTE] and 27 of the Arms Act. Inquest report (Ext.7) of the dead body was prepared. The post mortem report (Ext.1) was obtained and statements of the witnesses were taken. After completion of investigation, chargesheet was submitted. The cognizance was taken and as the case was being triable by court of sessions, it was committed where charge under [STATUTE] against all the accused was framed. Charges under [STATUTE] and 27 of the Arms Act were framed against accused Dudh Nath Chaudhary, Seo Nath Chaudhary and Ramayan Chaudhary only. Charges were explained to the accused persons to which they pleaded innocence. As the main accused Sukhdeo Chaudhary Patna High Court CR. APP (DB) No.544 of 1989 dt.15-03-2012 5 died during investigation, only the appellants faced trial. 3. In order to prove its case, the prosecution examined 13 witnesses. They are: P.W.1 Dr.Bijay Kumar Bhatt, P.W.2 Ramjee Choudhary, P.W.3 Sipahi Bind, P.W.4 Kailash Prasad, P.W.5 Kamleshwari Devi, P.W.6 Meera Kumari, P.W.7 Jitendra Yadav, P.W.8 Kamal Choudhary, the informant of the case, P.W.9 Rambachan Chaudhary, P.W.10 Mohan Bin, P.W.11 Ramjee Prasad, P.W.12 Ram Babu and P.W.13 Shivjee Singh, the Investigating Officer of the case. 4. P.Ws. 2, 3, 5, 6, 7, 8 and 9 are the witnesses of the occurrence. P.Ws.4 and 11 are the formal witnesses and P.W.10 has been tendered. P.W.13 is the Investigating Officer of the Case. P.W.1 is the doctor who held post mortem over the dead body of the deceased. 5. The documentary evidences of the prosecution are: Ext.1 post mortem report, Ext.2 signature of Ramjee Chaudhary on the inquest report, Ext.3 formal F.I.R., Ext.4 sale deed Patna High Court CR. APP (DB) No.544 of 1989 dt.15-03-2012 6 executed on 17.05.1984 in favour of Rambachan Chaudhary, Ext.5 Fardbeyan, Exts. 6/1 to 6/4 injury reports and Ext.7 Inquest report. 6. The defence has examined three witnesses, namely, Mankeshwar Prasad, S

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.