RAMJI TIWARI Vs. STATE

JUDGEMENT

(1.) THE facts giving rise to this petition are that the revisionists are alleged to have beaten Ram Kumar on 26-11-80 at about 10 a.m. in Itaunja, P. S. Itanja, district Lucknow. THE informant Rajendra Prasad Nigam went to their rescue and he was also beaten. He lodged a FIR. It is further alleged that the police personnel reached there and arrested Jai Prakash Pandey and Ramji Tripathi.

(2.) THE revisionists were prosecuted for offences punishable under Sections 147, 323, 149 IPC. Some of the witnesses had turned hostile and only Rajendra Prasad Nigam who was the informant gave his statement in support of the prosecution.

(3.) THE term ' rioting ' has been defined that whenever force and violence is used by an unlawful assembly or by any member thereof, all such assembly or any member thereof is guilty of offence punishable under Section 147 IPC.