Criminal Appeal (SJ) No. 261 OF 1995 ******** Against the judgment and order of conviction dated 10/19-5-95 passed in Sessions Trial No. 516 of 1990 by the learned 2nd Additional Sessions Judge, Bhagalpur. ****** 1. UMA PASWAN S/O LATE SHYAM PASWAN 2. ADHIK LALL PASWAN S/O LATE FUNSE DAS BOTH R/O KHAZUR KURAMA, P.S.- RAJOUN, DISTRICT- BANKA ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Krishna Mohan Adv. : Mr. Praveen Kumar Adv. For the State : Mr. Choubey Jawahar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellants have been convicted under Section 436, 149 and 153 (B) read with Section 149 I.P.C. a sentenced to rigorous imprisonment for 10 years and 2 years respectively by the judgment dated 10/19-5-95 passed in Sessions Trial No. 516 of 1990 by the learned 2nd Additional Sessions Judge, Bhagalpur. 2. The case of the prosecution is that on 27.10.1989 one community of society attacked another community of the society and burnt their houses and variously committed theft. 3. The prosecution in all examined 9 witnesses out of whom P.W. 1, 2, 3, 4 and 5 have been declared hostile, P.W. 6 is the informant who did not named the appellants in the examination-in- chief, P.W. 8 is formal witness whereas P.W.9 is the Investigating 2 Officer, P.W. 7 Mohd. Abbas is sole witness on the identification of the witnesses in the riots. 4. On going through the evidence on record, I find that the Investigating Officer has corroborated the factum of occurrence and, therefore, the prosecution case is relied to that extent. However, from the evidence of P.W.7 one finds that the identification of the appellants is said to have been from the distance of about 50 yards and he had named these appellants 8 days after the occurrence. 5. The evidence is reliable to the extent that the appellants have no doubt participated in the occurrence but in such circumstances it is difficult to convict them under Section 436/149 I.P.C. Therefore, they are acquitted on the charges under the same. However, their conviction under Section 153-B/149 I.P.C. is maintained but the sentence is modified to the period already undergone. The appellants (if alive) are further required to pay a sum of Rs. 1500/- each to Mohd. Abbas and Minni Devi the informant/or their families (if they are not alive) within a period of 8 weeks from the date of receipt of notice from the Trial Court, in default of which, appellants would serve further rigorous imprisonment for three months. 6. In this result, the appeal is dismissed with modification in the sentence. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 25th April, 2011 NAFR/ Fahad.