Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.260 of 1999 (Against the Judgment and order dated 28.8.1999 passed in Sessions Trial No.127 of 1984 by the Additional Sessions Judge-I, Barh) ========================================================== 1. Faguni Rai 2. Sita Rai 3. Ram Babu Rai @ Sadhu Rai 4. Ram Maya Rai Sons of late Sikandar Rai @ Sukhdeo Rai 5. Hirday Rai 6. Deo Narayan Rai @ Jag Narayan Rai 7. Keshwar Rai @ Keshar Rai sons of late Hari Nandan Rai 8. Sheo Chandra Rai 9. Karu Rai @ Sheo Kumar Rai 10. Khudru Rai sons of Hirday Rai 11. Somar Rai 12. Sri Kishun Rai 13. Sudhin Rai sons of late Lochan Rai 14. Ram Chandra Rai S/o Sri Kishun Rai all resident of village Ram Nagar Diara Tola Ganpat Rai, Police Station Athmalgola, Distt. Patna 15. Bishundeo Rai S/o of Sri Ram Lagan Rai @ Pato Rai resident of village Ghoswari, Police Station Bakhtiyarpur, Distt. Patna. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s ========================================================== Appearance : For the Appellant/s : Mr. Nand Kishore Prasad-II, Advocate. For the Respondent/s : Mr. Ajay Mishra- A.P.P. ========================================================== PRESENT (HONOURABLE MR. JUSTICE MANDHATA SINGH) JUDGMENT Mandhata Singh, J. Shortly stated prosecution case is that on the day of occurrence there appeared some altercation on the point of raising a ‘Tati’ of bamboo in between the lane of the parties’ house. It is said that all the accused-appellants variously armed with Lathi, Bhala, Gadasa and Farsa assaulted the informant and others. All the appellants faced trial which Patna High Court CR. APP (SJ) No.260 of 1999 dt.17-01-2012 2 ended in their conviction for the offence under [STATUTE] . Appellant Nos.2 to 5 are further convicted for the offence under [STATUTE] . and rest under [STATUTE] . basing the statement of witnesses examined in the case as PWs-1 to 7 they are PW-1 Ram Bahal Rai, PW-2 Vishwanath Rai, PW-3 Sita Ram Rai, PW-4 Parmanand Rai, PW-5 Triyug Rai, PW-6 Pawan Kumar Singh and PW-7 Suresh Prasad. Their further discussion is not needed in the case as conviction is not challenged in the case rather period of sentence only is submitted to be observed the period undergone by accused-appellants. The ground for such sympathy is submitted that for the occurrence of the same day a case was lodged against informant party by the accused party which also ended in conviction and sentence to all for the offences of this case. Appeal of that case bearing 236 of 1999 decided by this Court on 04.01.1999, incident is of the year 1983. Doctor and Investigating Officer of the case are not examined. Under the discussed suggested circumstance, I also agree with the submission of learned counsel for the appellants that their (appellants’) period of sentence may be Patna High Court CR. APP (SJ) No.260 of 1999 dt.17-01-2012 3 minimized to the period undergone by them in course of trial. On the observation made above and circumstance of the case, the appeal is dismissed. The Judgment and Order of conviction dated 28.8.1999 is affirmed with modification on the point of sentence that the period undergone by the accused-appellants is observed sufficient towards their punishment. The appellants are discharged from the liabilities of their bail bonds. A copy of the judgment along with lower Court records be sent back to the trial Court forthwith. Patna High Court, Patna 16th day of January, 2012 Vikash Verma N.A.F.R./ ( Mandhata Singh, 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.