Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.198 of 1989 [Against the judgment of conviction and sentence dated 25.4.1989 passed by Sri P. L. Kongari, learned 5th Additional Sessions Judge, Siwan in Sessions Trial No. 135 of 1980] =========================================================== Kamala Kant Rai, son of Suraj Rai, resident of village Panchoura P. S. Siwan, District- Siwan. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 203 of 1989 =========================================================== 1. Chanderdeo Rai, son of Jamuna Rai. 2. Amla Rai, son of Suraj Rai 3. Jagernath Rai, son of Foujdar Rai 4. Ramjee Rai, son of Suraj Rai All resident of village Panchoura, P.S. Siwan, District- Siwan. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : (In CR. APP (DB) No. 198 of 1989) (In CR. APP (DB) No. 203 of 1989) For the Appellant/s : Mr. Rana Pratap Singh, Sr. Adv. Mr. Sumant Singh, Adv. Mr. Aaruni Singh, Adv. For the Respondent/s : Mr. Shiwesh Chandra Mishra, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 19-03-2012 Cr. Appeal No. 198 of 1989 (D.B.) has been filed by the appellant Kamala Kant Rai and Cr. Appeal No. 203 of 1989 (D.B.) has been filed Patna High Court CR. APP (DB) No.198 of 1989 dt.19-03-2012 2 by the appellants Chanderdeo Rai, Amla Rai, Jagernath Rai and Ramjee Rai against the judgment of conviction and sentence dated 25.4.1989 passed by the learned 5th Additional Sessions Judge, Siwan in Sessions Trial No. 135 of 1980 by which Kamala Kant Rai has been convicted and sentenced to rigorous imprisonment for life under [STATUTE] . and rigorous imprisonment for one year under [STATUTE] . and 27 of the Arms Act each. The remaining appellants have been convicted under [STATUTE] . and sentenced to rigorous imprisonment for life. The appellants Chanderdeo Rai, Amla Rai and Jagernath Rai have been further convicted under [STATUTE] . and sentenced to rigorous imprisonment for one year each whereas Ramjee Rai has been further convicted and sentenced to rigorous imprisonment for six months each under [STATUTE] . All the sentences to run concurrently. 2. Since both the appeals have arisen out of common judgment of conviction and sentence, as such both have been heard together and are being disposed of by this common judgment. Patna High Court CR. APP (DB) No.198 of 1989 dt.19-03-2012 3 3. Pursuant to order dated 15.3.2011 passed in Cr. Appeal No. 203 of 1989, a report was called for from the Superintendent of Police, Siwan in view of the submission made by the learned counsel for the appellants that appellant no. 1 Chanderdeo Rai and appellant no. 3 Jagernath Rai are dead. It has been reported by the Superintendent of Police, Siwan vide Memo No. 53 dated 14.5.2011 that both the appellants Chanderdeo Rai and Jagernath Rai are dead. In view of this fact the proceeding against these two appellants is abated. 4. Fard Beyan of Ramji Manjhi (P.W. 14) was recorded on 3.3.1979 at 9 p.m. by S. I. Nirash Narayan Singh (P.W. 15) in the Sadar Hospital at Siwan wherein it has been stated that informant Ramji Manjhi (P.W. 14) went to the house of Sukhari Harijan (P.W. 7). Babu Lal Manjhi (deceased) and Shiv Banchan Chaudhari (P.W. 13) were returning from Panchlakhi Bazar with the bag of vegetables. As soon as both of them reached near the house of Bahadur Harijan (not examined) Kamla Rai (appellant) armed with gun, Chaderdeo Rai (dead) Arjun Rai (dead), Amla Rai (appellant) Jagernath Rai died during the appeal, Ramji Rai (appellant), Bunela Rai (dead) Patna High Court CR. APP (DB) No.198 of 1989 dt.19-03-2012 4 were also coming. Chanderdeo Rai was armed with Bhala, Jagernath Rai was armed with Bhala, Amla Rai was armed with pistol and Ramji Rai was armed with Lathi. After seeing all these persons Babu Lal Manjhi (deceased) and Shivbachan Chaudhari (P.W. 13) started running away. Kamala Kant Rai shot fire with his gun which hit in the left abdomen and he fell down near the house of Bahadur Harijan. Sheo Bachan Chaudhari (P.W. 13) ran towards east. He was followed by the accused and was assaulted with lathi and Bhala. The occurrence was witnessed by Sukhari Harijan (P.W. 7) and Saudagar Harijan (P.W. 4), Bandhu Harijan (P.W. 3) and others. Many co-villagers came there, thereafter all the accused fled away. At the time of moving Kamla Kant Rai shot three fires. Babulal Manjhi was taken to Bharthui More by P.W. 13 and thereafter he was taken to hospital by jeep. Babu Lal succumbed to the injuries in the way. 5. The reason for the occurrence is that Babu Lal Manjhi (deceased) had filed a case for wages against Kamala Kant Rai. All the accused are of the same family and the case under Section 107 and 116 Cr.P.C. was pending against all the accused. Fard Beyan was Patna High Court CR. APP (DB) No.198 of 1989 dt.19-03-2012 5 witnessed by Krishna Prasad (P.W. 2). On the basis of fard beyan Siwan Mufassil P. S. Case No. 5 dated 3.3.1979 was instituted against all the seven accused for the offence punishable under [STATUTE] . and 27 of the Arms Act. 6. After investigation charge-sheet was submitted. The case was committed to the Court of session where charges were framed against all the accused including the appellants to which they denied and claimed to be tried. Out of the accused Bundela Rai and Arjun Rai died during the pendency of the trial and the appellant Chanderdeo Rai and Jagernath Rai died during the pendency of the appeal as stated above. The defence of the accused is that Babu Lal was killed by unknown-persons because of illegal love and affairs and the accused persons

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.