Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.303 of 1988 ***** Against the judgment of conviction and order of sentence dated 25th of May, 1988 passed by Shri Braj Kishore Thakur, the learned 7th Additional Sessions Judge, Purnea in Sessions Trial No. 176 of 1985. =========================================================== 1. Moinuddin, Son of Late Sk. Mahbub Ali 2. Sk. Maherul, Son of Sk. Samsul 3. Sk. Samsul @ Samsul Haque, Son of Sk. Saudagar 4. Sk. Saidul @ Saidul Rahman, Son of Sk. Juddi 5. Sk. Aijul @ Aijul Haque, Son of Sk. Juddi 6. Sk. Jahur, Son of Sk. Juddi 7. Sk. Rahman 8. Sk. Sattar @ Abdul Sattar (both 7 & 8 are son of Sk. Imammuddin) 9. Sk. Binchu @ Binchu Ali, Son of Gango 10. Sk. Alim, Son of Sk. Bindu 11. Sk. Pairu @ Sk. Waise, Son of Sk. Liakat Ali 12. Ali Ahmad @ Ahmad Ali, Son of Sk. Karsimuddin 13. Sk. Sarfaraz @ Sk. Sarsaraj, Son of Sk. Nasiruddin 14. Sk. Zafiruddin, Son of Sk. Tesawar Ali 15. Nurul Haque, Son of Samsul Haque All are residents of Village Bakhari Kol, Post Office-B.K. Asthan, Police Station-Khajanchi Hat, District-Purnea. 16. Md. Basir, Son of Sk. Abdul, resident of Village- Bisaria, Post Office-Sisia, Police Station-Korah, District-Katihar. .... .... Appellants. Versus The State of Bihar .... .... Respondent. with Criminal Appeal (DB) No. 320 of 1988 =========================================================== 1. Sk. Badud, Son of Late Sk. Manobar Ali 2. Rafejul, Son of Sk. Juddi Both are residents of Village –Bakhari Kol, Post Office-B.K. Asthan, Police Station-K. Nagar, District-Purnea. .... .... Appellants. Versus The State of Bihar .... .... Respondent. with Criminal Appeal (DB) No. 328 of 1988 =========================================================== Sk. Samiruddin, Son of Sk. Saudagar, Resident of Village-Bakhari Kol, Police Station – Khajanchi Hat, District-Purnea. .... .... Appellant. Patna High Court CR. APP (DB) No.303 of 1988 dt.30-01-2012 2 Versus The State of Bihar .... .... Respondent. with Criminal Appeal (DB) No. 330 of 1988 Sk. Yasin, Son of Sk. Saudagar, Resident of Village-Bakhari Kol, Police Station-Khajanchi Hat, District-Purnea. .... .... Appellant. Versus The State of Bihar .... .... Respondent. =========================================================== Appearance : (In CR. APP (DB) No. 303 of 1988) For the Appellants : Mr. Om Prakash Pandey (Amicus Curiae) Mr. Ram Chandra Singh For the Respondent: Ms. Shashi Bala Verma, APP (In CR. APP (DB) No. 320 of 1988) For the Appellants : Mr. Girish Chandra (Amicus Curiae) Mr. Ram Chandra Singh Mr. Bindeshwari Prasad For the Respondent: Ms. Shashi Bala Verma, APP (In CR. APP (DB) No. 328 of 1988) For the Appellant : Smt. Nutan Sahay (Amicus Curiae) Mr. Ram Chandra Singh Mr. Jai Prakash Singh For the Respondent: Ms. Shashi Bala Verma, APP (In CR. APP (DB) No. 330 of 1988) For the Appellant : Mr. Girish Chandra (Amicus Curiae) Mr. Mukteshwar Singh Mr. Jai Prakash Singh For the Respondent: Ms. Shashi Bala Verma, APP. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT Date: 30-01-2012 (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Criminal Appeal (DB) No. 303 of 1988 filed on behalf of sixteen appellants namely Moinuddin, Sk. Maherul, Sk. Samsul @ Samsul Haque, Sk. Saidul @ Saidul Rahman, Sk. Aijul @ Aijul Haque, Sk. Jahur, Sk. Rahman, Sk. Patna High Court CR. APP (DB) No.303 of 1988 dt.30-01-2012 3 Sattar @ Abdul Sattar, Sk. Binchu @ Binchu Ali, Sk. Alim, Sk. Pairu @ Sk. Waise, Ali Ahmad @ Ahmad Ali, Sk. Sarfaraz @ Sk. Sarsaraj, Sk. Zafiruddin, Nurul Haque and Md. Basir, Criminal Appeal (DB) No. 320 of 1988 filed on behalf of Sk. Badud and Rafejul, Criminal Appeal (DB) No. 328 of 1988 filed on behalf of Sk. Samiruddin and Criminal Appeal (DB) No. 330 of 1988 filed on behalf of Sk. Yasin have been taken up together because all the appeals have arisen out of a judgment dated 25th May, 1988 passed by the learned 7th Additional Sessions Judge, Purnea in connection with Sessions Trial No. 176 of 1985 relating to G.R. No. 1351 of 1978, arising out of K. Hat P.S. Case No. 24 of 1978, whereby all the appellants were held guilty for various offences. Md. Khalil who was also put on trial, was found not guilty and he was acquitted. Appellant Yasin was convicted under [STATUTE] . Appellant Samiruddin has been convicted under [STATUTE] . Appellants Rafezul and Sk. Badud were convicted under Sections 147, 323, 302/149 of the Indian Patna High Court CR. APP (DB) No.303 of 1988 dt.30-01-2012 4 Penal Code. Appellants Moinuddin, Sk. Jahor, Binchu, Abdul Sattar, Ahmad Ali, Md. Basir, Sk. Alim, Aizul Haque, Sk. Pairu, Noorul Haque, Mahrul Haque, Saidur Rahman, Sk. Rahman, Sarfaraz Alam, Jakiruddin and Samsul have been found guilty under [STATUTE] . Appellant Md. Yasin has been sentenced to undergo life imprisonment for the offence under [STATUTE] and rigorous imprisonment for three years for the offence under [STATUTE] . Appellant Samiruddin has been sentenced to undergo life imprisonment for the offence under [STATUTE] , rigorous imprisonment for three years under [STATUTE] and for seven years under [STATUTE] . Appellants Rafezul and Badud have been sentenced to undergo life imprisonment for the offence under [STATUTE] and rigorous imprisonment for one year each for offence under [STATUTE] . Appellants Moinuddin, Sk. Jahor, Binchu, Abdul Sattar, Ahmad Ali, Md. Basir, Sk. Alim, Patna High Court CR. APP (DB) No.303 of 1988 dt.30-01-2012 5 Aizul Haque, Sk. Pairu, Noorul Haque, Mahrul Haque, Saidur Rahman, Sk. Rahman, Sarfaraz Alam, Jakiruddin and Samsul Haque have

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.