Uma Paswan and Adhik Lall Paswan vs The State of Bihar

Anjana Prakash, J.—The Appellants have been convicted u/s 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.

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.

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 Officer, P.W. 7 Mohd. Abbas is sole witness on the identification of the witnesses in the riots.

On going through the evidence on record, I find that the Investigating Officer has corroborated the factor 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.

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 u/s 436/149 I.P.C. Therefore, they are acquitted on the charges under the same. However, their conviction u/s 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.

In this result, the appeal is dismissed with modification in the sentence.