UPENDRA NATH GIRI AND ORS. Vs. STATE

JUDGEMENT

(1.) BOTH the revisions arise out of the same case in which there was one trial The six Petitioners in Criminal Revision No. 155 of 1966 and the Petitioner in Criminal Revision No. 156 of 1966 have been convicted under Section 147 Indian Penal Code and sentenced to R.I. for three months each. The trial court convicted four of the Petitioners under Section 323 Indian Penal Code and sentenced them to pay a fine of Rs. 100/ - each in default to undergo R.I. for a further period of one month each. The appellate Court acquitted four of the Appellants before him under Section 323, Indian Penal Code as he was not sure from the evidence as to which of the accused played the individual part in the assault.

(2.) THE Petitioners suspected the informant p.w.1 as being responsible for causing transfer of certain deity's land of the village. The prosecution case is that to feed fat to their grudge they assaulted the informant (p.w.1) at two different places. The defence was one of denial. Both Courts have accepted the prosecution case on the evidence of eye -witnesses. Mr. Roy rightly did not assail the finding.

(3.) SECTION 146, Indian Penal Code defines rioting thus: