Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.119 of 1989 ========================================================= Against the judgment of conviction and order of sentence dated 28th February, 1989 in Sessions Trial No. 24 of 1983/Trial No. 27 of 1983 by Sri Md. Quamrul Hoda, 4th Additional Sessions Judge, Patna ========================================================= SITA RAM KAHAR SON OF LATE DULAR CHAND RAM, R/O VILLAGE- MADHOPUR, P.S.- DIDARGANJ (MALSALAMI), DISTRICT- PATNA…………………………………………………………….APPELLANT Versus THE STATE OF BIHAR ….……………………………………RESPONDENT ========================================================= Appearance : For the Appellant/s : Mr. Md. Irshad, Advocate Mr. M. H. Quraishi, Advocate For the Respondent/s : Ms. 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: 13-02-2012 ========================================================= The sole appellant Sita Ram Kahar preferred the instant appeal against the judgment of conviction and order of sentence dated 28th February, 1989 passed in Sessions Trial No. 24 of 1983 / 27 of 1983 by the learned 4th Additional Sessions Judge, Patna whereby the appellant was convicted under [STATUTE] as well as under [STATUTE] and has been sentenced to undergo imprisonment for life under [STATUTE] and no sentence was passed for the offence under Patna High Court CR. APP (DB) No.119 of 1989 dt.13-02-2012 2 [STATUTE] . 2. On 13th July, 1982 at 4.30. AM the informant Lal Muni Devi (PW 2) gave her fard-beyan alleging therein that on the preceding day her husband Sitaram Kurmi went to Patna for bringing Radio which he had given earlier for repairing and after some times her son Bhushan (PW 1) told her that the appellant along with accused Ranjan Mahto and Ram Chandra Mahto (both acquitted) had gone somewhere and someone told him that they had gone to arrange outsiders. The informant (PW 2) kept waiting for her husband till evening but after some time she heard that fire had caught in the house of the appellant but no body told about any death there and thereafter, she retired to her bed. Further allegation was that in the morning the police came in village and reached up to the informant (PW 2) and her door was knocked. She did not initially open the door in absence of any male member so the police returned. After some times a co- villager Ram Pravesh (not examined) came and told that her husband has been murdered, thereafter, the informant along with her mother-in-law went to the house of the appellant and found him dead. She returned to her house. Accused Basudev Kahar (since acquitted) who is the brother of the appellant was present there. The informant claimed that the appellant, his brother Basudev and his sons Suresh Kahar, Veena Kahar, Yogendra Kahar, Babu Lal Mahto, Ranjan Mahto and Ramchandra Mahto have killed her husband. The fard-beyan Patna High Court CR. APP (DB) No.119 of 1989 dt.13-02-2012 3 (Ext. 7) resulted into registration of formal First Information Report (Ext. 8) as Malasalami P.S. Case No. 0072 dated 13.7.1982 under [STATUTE] and investigation was taken up. In course of investigation inquest report (Ext. 4 and 9) was prepared. Bottle (material Ext. 1), two tins (material Ext. 2 and 2/1), blood stained soil (material Ext. 3), bicycle (Material Ext. 4) and Garansa (Material Ext. 5) were seized and seizure list (Ext. 5 to 5/3 and 10 to 10/3) were prepared. Charges were investigated into and after investigation chargesheet was submitted and cognizance was taken and the case was committed to the court of Sessions where the charges under [STATUTE] were explained to eight accused persons namely, Sitaram Kahar, Basudev Kahar, Suresh Kahar, Veena Kahar, Babulal Mahto, Ranjan Mahto, Ramchandra Mahto and Kabutri Devi to which they pleased their innocence and claimed to be tried. 3. The defence of the accused persons is of false implication on account of enmity and manner of occurrence was also doubtful. 4. The learned trial court after scanning the evidence and after hearing the submissions found the present appellant guilty whereas other seven persons Basudev Kahar, Suresh Kahar, Veena Kahar, Babulal Mahto, Ranjan Mahto, Ram Chandra Mahto and Kabutri Devi were found not guilty and they Patna High Court CR. APP (DB) No.119 of 1989 dt.13-02-2012 4 were acquitted. 5. Now this Court is required to see as to whether the prosecution has been able to prove its charge against the appellant beyond the shadow of all reasonable doubts or not. 6. In order to prove its charge, the prosecution has examined 10 witnesses. They are:- PW 1 Chandra Bhushan Singh, the son of the deceased, PW 2 Lalmuni Devi, wife of the deceased as well as the informant, PW 3 Malik Singh, a formal witness of recovery of bicycle, PW 4 Haribansh Ram, the Investigating Officer, PW 5 Manik Singh, the seizure list witness, PW 6 Murari Singh, witness of the inquest of the dead body of Sitaram Kurmi, PW 7 Ram Dayal Singh, a witness of seizure, PW 8 Dhanik Singh another seizure list witness, PW 9 Kishundhari Singh the brother of the deceased but was declared hostile and PW 10 Dr. K. P. Verma, who conducted the post mortem examination upon the dead body of the deceased. PW 4 has been examined as sole court witness. 7. The evidence of doctor mentions that the post mortem upon the dead body of Sita Ram Kurmi was performed on 30th July, 1982 at 2.30 PM and the dead body was having five incised injuries and all injuries were by sharp cutting weapon may be caused by Garansa. The death of Sita Ram Kurmi is not under challenge so the prosecuti

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.