Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (U/S) No.3 of 2003 =========================================================== Ali Ahmad Siddique son of late Gulam Mustafa, resident of Mohalla-Chondi, Barh, P.S.Barh, District- Patna .... .... Appellant/s Versus 1.State of Bihar 2.Rahman Mian son of late Mahboob Mian 3.Belal @ Billu son of Rahman Mian 4.Nisar Mian son of Rahman Mian 5.Aslam Mian son of Rahman Mian 6.Bablu Mian son of Sabu Mian 7.Sammu Mian son of Mojibur Ram 8.Baban Mian son of Ataul Haque 9.Anjum Mian son of Sharfu Mian All resident of Mohalla Chondi, Ward No.1 Barh, P.S.-Barh, Dist.-Patna .... .... Opposite parties =========================================================== Appearance : For the Appellant/s : Mr.Chandra Sen Prasad Singh, Advocate Mr. Rajesh Kumar Singh, Advocate For the opposite Party: Mr. Ashok Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 07-12-2012 The present appeal has been filed under section 378(4) of the Code of Criminal Procedure in pursuance of leave granted by this court on 30.7.2003 in S.L.A. No.21 of 2002. The appeal is directed against the judgment of acquittal dated 10.4.2002 passed by the learned Sub-Divisional Judicial Magistrate, Barh, Patna, in Complaint Case No.324(C) of 1993/Trial No.67 of 2000 by which the learned Sub-Divisional Judicial Magistrate, Barh, Patna, has acquitted the opposite party nos. 2 to 9 from the charges levelled against them. The Patna High Court CR. APP (U/S) No.3 of 2003 dt.07-12-2012 2 2 appellant had filed a complaint against the opposite parties under [STATUTE] . The case of the complainant, in brief, is that on 16.9.1993 at 9.30 a.m. the accused persons being variously armed came over his land bearing plot no.336. The accused persons, namely, Neshar Mian and Rehman Mian were armed with Hasua and the remaining accused were armed with Lathi. The accused Rahman Mian asked the complainant as to why he is not allowing them to construct passage on the land. They told that they would construct passage themselves. They also warned that in case any objection is made, they would kill him and his family members. The complainant became nervous. He raised hue and cry pursuant to which witnesses assembled there. The accused persons cut down and damaged the trees and plants standing on the land of the complainant. The act of mischief committed by the accused persons caused a loss of Rs.1,000/- (one thousand) to the complainant. The further case of the complainant is that the land in question belongs to him and several trees were standing thereon. It has been alleged that the accused persons intended to have a passage through the land of the complainant and with this object in mind, they committed the aforesaid offence. It has also been mentioned in the complaint petition that an information was given to the Officer-in-charge of Barh police station immediately after the occurrence but since no action was taken Patna High Court CR. APP (U/S) No.3 of 2003 dt.07-12-2012 3 3 by the police, the complaint case was filed in the court on 18.9.1993. The complainant was examined on solemn affirmation. Some witnesses were examined on behalf of the complainant in course of enquiry under section 202 of the Code of Criminal Procedure. The learned Sub-Divisional Judicial Magistrate, finding a prima facie case to be made out, summoned the accused persons to face trial. All the accused persons were charged under [STATUTE] . Two of them, namely, Neshar Mian and Rahman Mian were separately charged under [STATUTE] whereas the remaining six accused persons were charged under [STATUTE] . The accused persons denied the charges and claimed to be tried. In course of trial, on behalf of the prosecution, altogether four witnesses have been examined. P.W.1 Imtiyaz Ali and P.W.2 Md. Aslam Ali are sons of the complainant. These two witnesses have supported the case of the complainant during their examination-in- chief. P.W.3 Ali Ahmad Siddique is the complainant himself. He has also supported the facts stated in the complaint in his examination-in- chief. P.W.4 Bachu Gope is known to the complainant from before. On behalf of the prosecution, certified copy of the judgment passed in Cr.Appeal No.6 of 1994 has been brought on record which has been marked as Ext.-1. The certified copy of the judgment passed in Title Patna High Court CR. APP (U/S) No.3 of 2003 dt.07-12-2012 4 4 Suit No.95 of 1993 has also been brought on record which has been marked as Ext.-2. In the complaint petition, apart from the witnesses examined on behalf of the complainant, two other persons were named as witnesses to the occurrence. They are Sheoji Singh and Abdul Rashid. The complainant has not examined them in course of trial. The defence has pleaded innocence. It has also examined three witnesses, namely, Krishna Deo Prasad Singh, Sheshar Prasad and Ram Nandan Prasad in order to prove the right of passage over the land in question. The defence has also brought on record the measurement report of Amin of Barh Municipality which has been marked as Ext.A, the measurement map of the place of occurrence which has been marked as Ext.-A/1, letter no.105 dated 25.9.1993 written by Rajeshwar Pandey and signed by the then Executive Magistrate Dil Mohan Prasad in the capacity of S.D.O., Barh which has been marked as Ext.B with objection, show cause filed by Barh Municipality through Special Officer in Title Suit No.95 of 1993 which has been marked as Ext.-C with objection, certified copy of the judgment passed in Complaint Case No.25 of 1999 dated 17.7.2001 which has been marked as Ext.-D, certified copy of the order of the Title Appeal which has been marked as Ext.-E, certified copy of the statement of the complainant on solemn affirmation on 20.2.1

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.