Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.547 of 1989 With Criminal Appeal (DB) No. 21 of 1990 ***** Against the judgment of conviction and order of sentence dated 12th of December, 1989 passed by Shri Jagdish Jha, the learned 3rd Additional Sessions Judge, Sitamarhi in Sessions Case No. 72 of 1987. ***** Criminal Appeal (DB) No.547 of 1989 =========================================================== 1. Ramautar Pasi, son of Basdeo Pasi 2. Biltu Pasi, son of Jaga Pasi 3. Bilash Pasi, son of Ramautar Pasi 4. Sheoji Pasi, son of Bhuta Pasi 5. Hulash Pasi, son of Jaga Pasi 6. Bindeshwar Pasi, son of Ramautar Pasi 7. Raj Kumar Pasi, son of Tun Tun Pasi 8. Sambhu Pasi, son of Sakal Pasi 9. Tun Tun Pasi, son of Basudeo Pasi 10. Sita Ram Pasi, son of Ramautar Pasi 11. Ram Chandra Pasi, son of Basdeo Pasi All residents of village-Bhaur, P.S.-Nanpur, District-Sitamarhi. .... .... Appellants. Versus The State of Bihar .... .... Respondent. with Criminal Appeal (DB) No. 21 of 1990 =========================================================== Sakal Pasi, son of Bhuta Pasi, resident of village-Bhaur, P.S.-Nanpur, District- Sitamarhi. .... .... Appellant. Versus The State of Bihar .... .... Respondent. =========================================================== Appearance : (In both the appeals) For the Appellants : Smt. Neelam Kumari, Amicus Curiae. For the Respondent : Mrs. Shashi Bala Verma, 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: 18-04-2012 Patna High Court CR. APP (DB) No.547 of 1989 dt.18-04-2012 2/14 Criminal Appeal 547 (DB) of 1989 filed on behalf of Ramautar Pasi, Biltu Pasi, Bilash Pasi, Sheoji Pasi, Hulash Pasi, Bindeshwar Pasi, Raj Kumar Pasi, Shambhu Pasi, Tun Tun Pasi, Sita Ram Pasi and Ram Chandra Pasi and Criminal Appeal 21 (DB) of 1990 filed on behalf of Sakal Pasi have been heard together as both the appeals have arisen out of judgment and order dated 12.12.1989 passed in Sessions Trial No. 72 of 1987 by the learned 3rd Additional Sessions Judge, Sitamarhi whereas appellant Sakal Pasi has been held guilty under [STATUTE] and other appellants have been held guilty under [STATUTE] and for that they have been sentenced to undergo rigorous imprisonment for life, no separate sentence has been awarded under [STATUTE] . 2. The fardbeyan (Ext.5) of P.W.9 Laxmi Mandal, son of Manjhi Mandal of Village Gorahaul Sarif tole, Ramchandrapur, P.S. Nanpur, District- Sitamarhi was recorded by the Sub-Inspector of Nanpur police station on 10.05.1986 at 05.00 a.m. in Bhaur Bazar at the shop of Kunj Bihari Shah Patna High Court CR. APP (DB) No.547 of 1989 dt.18-04-2012 3/14 that he along with his son Shatrughan Mandal (the deceased) was returning home on 09.05.1986 at about 7.00 p.m. after performing his job as labourer and when Shatrughan Mandal (the deceased) reached Bhaur Bazar near the shop of Bilasi Pasi for purchasing Bidi and a match box at that time Bilasi Pasi was in his shop. Bilasi Pasi shouted that Shatrughan Mandal (the deceased) was projecting himself as a hero and he asked for killing whereupon Sakal Pasi, Shambhu Pasi, Sheoji Pasi, Biltu Pasi, Hulas Pasi, Ramchandra Pasi, Tuntun Pasi, Ramautar Pasi, Bindeshar Pasi and Sitaram Pasi surrounded Shatrughan Mandal (the deceased). At that time Sakal Pasi was having Lohatha – a stick which is used to sharpen toddy topping sickle. Sakal Pasi hurled a blow on the head of Shatrughan Mandal (the deceased), who fell down and became unconscious before the shop of Sobhit Sah P.W.7. The informant arranged a cot and took him to Dr. Pawan Kumar Shahi P.W.10 of Village – Ukhara for treatment. The doctor after giving five injections and administering some medicines to the injured advised the informant to take his son for better treatment. The informant, Patna High Court CR. APP (DB) No.547 of 1989 dt.18-04-2012 4/14 thereafter, went to another Bengali Doctor who also advised him to take his son to a better place. The informant was taking his son to his house but at around 01.30 in the night his son died near Bhaur Bazar. This occurrence was witnessed by Pragash Mandal P.W.2, Baleshwar Rai P.W.8, Ram Prasad Mandal P.W.6 and Devendra Mandal P.W.3 and Shobhit Sah P.W.7. The occurrence was on account of the fact that 2 – 3 days earlier Bilash Pasi had directed Shatrughan Mandal (the deceased) to stack bricks but it was refused on the ground that Shatrughan Mandal had no time. In the afternoon of the day of the occurrence the younger son of the informant had quarrel with son of the appellant Bilashi Pasi on the issue of game. The fardbeyan was resulted into formal First Information Report (Ext.7) of Nanpur P.S. Case No. 30 of 1986 dated 10.05.1986 under [STATUTE] . In course of investigation, inquest report (Ext.6) of the dead body was prepared and the seizure list was also prepared. The post-mortem examination report (Ext.3) was obtained. Statements of the witnesses were recorded and after investigation charge sheet Patna High Court CR. APP (DB) No.547 of 1989 dt.18-04-2012 5/14 was submitted. Cognizance was taken and the case was committed to the court of Sessions as it was triable by the court of Sessions. After appearance of all the accused persons charge under [STATUTE] was framed against all the accused persons who are appellants here. Sakal Pasi was separately charged under [STATUTE] . When the accused persons pleaded their innocence, the trial proceeded. 3. The defence was denial of the prosecution allegation and also that no occurrence had taken place at the place of occurrence. Their further defence was that at about 12.00 in the noon on the date of occurrence there w

Applicable IPC Section: 149

Statute Text:
Section 149 of the Indian Penal Code. If an offence be committed by any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.