Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Govt. Appeal (DB) No.48 of 1990 =========================================================== The State Of Bihar .... .... Appellant/s Versus 1. Satto Yadav son of Hiyalal Yadav, 2. Jato Yadav son of Yamun Yadav, 3. Ashok Yadav son of Akleshwar Yadav 4. Baldeb Yadav son of Hiyalal Yadav 5. Shambhoo Yadav son of Jagdambi Yadav 6. Gholat Yadav son of Baldeb Yadav 7. Chandradeb Yadav son of Ayodhya Yadav 8. Sikko Yadav son of Ayodhaya Yadav All of village- Phulwaria, P.O.- Phulwaria, P.S. Baillia, District Begusarai. .... .... Respondent/s with Criminal Appeal (DB) No. 198 of 1990 =========================================================== 1. Ablu Yadav son of Shiv Shankar Yadav 2. Hari Yadav son of Yamun Yadav 3. Bichhu Yadav son of Malik Yadav, All resident of village- Phulwaria, Police Station Balia District- Begusarai. .... .... Appellant/s Versus The State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 223 of 1990 =========================================================== Bambam Yadav son of Sri Shivshankar Yadav, resident of village- Phulwaria, Police Station Balia, District- Begusarai. .... .... Appellant/s Versus The State Of Bihar .... .... Respondent/s with Criminal Revision No. 516 of 1990 =========================================================== Fuleshwar Yadav, son of Ram Ratan Yadav @ Doman Yadav, village- Danauli, P.S. Ballia, District- Begusarai (Informant) .... .... Petitioner/s Versus 1. Satto Yadav son of Hiyalal Yadav 2. Jato Yadav, son of Yamun Yadav 3. Ashok Yadav, son of Akhileshwar Yadav 4. Baldeo Yadav, son of Hiyalal Yadav. 5. Shambhoo Yadav, son of Jagdambi Yadav. Patna High Court G. APP. (DB) No.48 of 1990 dt.21-11-2012 2 6. Gholat Yadav, son of Baldeo Yadav 7. Chandradeo Yadav @ Churo Yadav, son of Ayodhya Yadav. 8. Sikko Yadav, son of Ayodhya Yadav. All are residents of village Phulwaria, P. O. Phulwaria, P. S. Balliya, District Begusarai (accused) Opp. Parties. .... .... Respondent/s =========================================================== [Against the judgment dated 7.5.1990 passed by Sri Ram Charitra Sathi, 3rd Additional Sessions Judge, Begusarai in Sessions Trial No. 130 of 1986/42 of 1986 arising out of Ballia P. S. Case No. 165 of 1985] =================================================== Appearance : (In G. APP. (DB) No. 48 of 1990) For the Appellant/s : Mr. Ashwani Kumar Sinha, APP For the Respondent/s : Mr. Ajay Kumar Thakur, Adv. Mr. Ravi Ranjan, Adv. Mr. Nilesh Kumar, Adv. (In CR. APP (DB) No. 198 of 1990 with In CR. APP (DB) No. 223 of 1990) For the Appellant/s : Mr. Ajay Kumar Thakur, Adv. Mr. Ravi Ranjan, Adv. Mr. Nilesh Kumar, Adv. For the Respondent/s : Mr. Ashwini Kumar Sinha, APP (In CR. REV. No. 516 of 1990) For the Petitioner/s : None For the Respondent/s : Mr. Ajay Kumar Thakur, Adv. Mr. Ravi Ranjan, Adv. Mr. Nilesh Kumar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL C. A. V. JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 21 -11-2012 Govt. Appeal (D.B.) No. 48 of 1990 has been filed to set aside the judgment of the trial court so far acquittal of respondents is concerned and to pass the order for their conviction under the charges framed. Patna High Court G. APP. (DB) No.48 of 1990 dt.21-11-2012 3 2. Cr. Appeal (D.B.) No. 198 of 1990 has been filed by the appellants Ablu Yadav, Hari Yadav and Bichhu Yadav and Cr. Appeal (D.B.) No. 223 of 1990 has been filed by Bambam Yadav for setting aside their conviction and sentence and Cr. Revision No. 516 of 1990 has been filed by Fuleshwar Yadav (informant) against opposite parties (respondents in Govt. Appeal (D.B.) No. 48 of 1990) by which they have been acquitted from the charge framed under [STATUTE] (hereinafter referred to as the IPC) and 27 of the Arms Act in Sessions Case No. 130 of 1986/42 of 1986 vide judgment dated 7th May 1990 passed by the learned 3rd Additional Sessions Judge, Begusarai. 3. Since all the aforesaid cases have been filed challenging the judgment dated 7.5.1990 passed by learned 3rd Additional Sessions Judge, Begusarai in Sessions Trial No. 130 of 1986/42 of 1986 arising out of Balia P. S. Case No. 165 of 1985 as such they have been heard together and are being disposed of by this common judgment. 4. The prosecution case according to fardbeyan of Fuleshwar Yadav (P.W. 9), in brief, is that his brother Balmiki Yadav (deceased) was a social worker and on 31.8.1985 he Patna High Court G. APP. (DB) No.48 of 1990 dt.21-11-2012 4 was preparing the rope in the Thakurbari of the village and the informant (P.W. 9) reached there with a bundle of grass. They heard hulla coming from north eastern side near the village. Balmiki along with co-villager Janardhan Yadav (P.W. 8) went towards hulla and the informant (P.W. 9) followed them they reached near Chilly field of Tulsi Yadav. They saw that labourers were doing Kamauni (weeding) work in that field. They were forced by accused Satto Yadav, Jeto Yadav, Ashok Yadav, Baldeo Yadav, Chandradeo Yadav, Aplu Yadav, Hari Yadav and Bamdeo Yadav all armed with firearms, Shambhu Yadav and Gholat Yadav and Bichhu Yadav armed with lathi and Siko Yadav were forcing the labourers to work in their field but the workers were not ready. In the meantime, Balmiki (deceased) and Janardhan (P.W. 8) protested the accused and requested them not to exploit them but the hand of Dhaneshwar Yadav (P.W. 3) was injured by the accused with his Khurpi. Balmiki Yadav again protested, thereafter, accused Satto Yadav and Bamdeo Yadav told the co-accused to go back and take side. When they all went about 50 yards east to the kachhi road, Satto and Baldeo instigated to kill and stated that one lakh rupees would be spent in their defence. Thereafter, Bambam Yadav (appellant in Cr. Appeal (D.B.) Patna High Court G. APP. (DB) No.48 of 1990 dt.21-11-20

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.