Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.990 of 2012 ====================================================== Bishnudeo Yadav, son of Khusi Yadav, resident of village- Partaha, Police Station Nauhatta, District- Saharsa. .... .... Appellant/s Versus 1. State Of Bihar 2. Vyasdeo Yadav @ Pandit Yadav son of Lakhan Yadav, resident of village- Partaha, Police Station-Nauhatta, District- Saharsa. 3. Ram Sagun Paswan son of Ram Khelawan Paswan, resident of village- Kakua Sonarpur Tola, Police Station- Bheja, District- Madhubani. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar, Adv. For the Respondent/s : Mr. G. P. Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 2 09-10-2012 Heard learned counsel for the appellant and the State. The appellant has assailed the judgment dated 30.7.2012 passed by learned Ad-hoc Additional Sessions Judge, 2nd, Saharsa in Sessions Trial No. 265 of 2005 whereby the accused persons/opposite party nos. 2 and 3 were held guilty under [STATUTE] only and they were released after admonition. The grievance of the appellant is that the accused should have been convicted under [STATUTE] . The court has taken into consideration all the circumstances while giving reasoning and coming to the conclusion that the charge under [STATUTE] only Patna High Court CR. APP (DB) No.990 of 2012 (2) dt.09-10-2012 2 was proved. The court has come to the opinion that the injured- brother of the informant and Investigating Officer has not been examined and this has caused prejudice to the case of the defence. Holding the accused guilty under [STATUTE] by the Court is based upon sound reasoning and the evidence which has been adduced before it. The impugned judgment is neither perverse nor illegal. In the result, this appeal is held to be without merit and it is, accordingly, dismissed. Kanchan/- (Shyam Kishore Sharma, J) (Amaresh Kumar Lal, J)

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.