IMPORTANT POINT
Where certain accused persons were members of an assembly, the unlawful object of which developed at the spot of occurrence and they continued as its members not merely as passive or innocent spectators but indulged in overt acts along with others, the accused persons must be held liable for conviction.

JUDGMENT

Rajiv Sharma, J.—Since all these appeals arise out of a common judgment and common questions of law and facts are involved in these appeals, all these were heard together and are being decided by a common judgment.

These appeals are instituted against the judgment dated 31.8.2007, rendered by the learned Addl. Sessions Judge, Fast Track Court, Shimla, H.P. in Sessions Trial No. 18-S/7 of 2004, whereby the appellants-accused (hereinafter referred to as the accused), who were charged with and tried for offences punishable under Sections 120-B, 147, 148, 332/149 and 307/149 IPC, have been acquitted under Section 307/149 IPC. However, they were convicted and sentenced to undergo rigorous imprisonment for a period of six months each and to pay a fine of Rs. 500 each under Sections 120-B, 147 and 148 IPC and in default of payment of fine to further undergo rigorous imprisonment for two months. They were also convicted and sentenced to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs. 1,000/- each under Section 332/149 IPC and in default of payment of fine to further undergo rigorous imprisonment for a period of three months. All the sentences were ordered to run concurrently. Ramesh Kumar alias Gola died during the pendency of appeal and Smt. Rani was substituted in place of Ramesh Kumar alias Gola to pursue the appeal.

2. The case of the prosecution, in a nut shell, is that Chaman Singh (since deceased) was resident of Mohalla Krishna Nagar, Shimla Town. He was putting up with his family in the Mohalla. The land in front of the house of Chaman Singh belongs to M.C. Shimla. The same was leased out by the M.C. Shimla to Chaman Singh. A dispute qua that land arose between Chaman Singh, his family and the members of the Balmiki Community. On 24.5.2002, the members of the Balmiki Community raised a flag over the disputed land due to which a quarrel ensued. The matter was reported to the police by Chaman Singh and his family members and the police visited the spot. Const. Yashwant Singh was detailed for duty on the spot so as to preserve and protect the land in question. On 26.5.2002 at 8:20 PM, Const. Yashwant Singh informed the Police Station Sadar, Shimla that on the disputed land where he was deployed, approximately 60-70 persons, including Nirmal Singh alias Nima (accused No. 1), Rajinder alias Kali (accused No. 7), Manga (accused No. 3), Gola (Accused No. 5), Raju (accused No. 4) and others have assembled with intent to forcibly occupy the land in question. The situation on the spot became tense. SHO Manohar Lal also proceeded to the spot. Rukka Ext. PJ was sent to the Police Station. SHO Manohar Lal invited Nirmal Singh alias Nima and others for talks to diffuse the situation. 3-4 boys who were raising a pucca flag post in the place of the flag which was affixed on 24.5.2002 were also called by the SHO for negotiation. However, they did not come forward. In the meantime, Nirmal Singh alias Nima (accused No. 1), Raj Pal (accused No. 2) and Gola (accused No. 5) raised the alarm, as a result of which, 100-150 persons, including the ladies came out of their respective houses. Accused No. 1, 2 & 5 in a planned manner and after making prior agreement instigated the men and women. Thereafter, the mob assembled on the spot and started pelting stones on the police party. Accused Nirmal Singh prompted his associates to indulge in stone pelting with a view to forcibly occupy the land in question and the police officials who had gone to the area to diffuse the situation. ASI Bhram Dev and Const. Sunil were badly injured. They fell down. Additional force was requisitioned from different Police Stations. When HC Balak Ram and Const. Kushwant Singh were trying to remove the injured, namely, ASI Bhram Dev and Const. Sunil Kumar, stones were also pelted on them. It is, in these circumstances, SHO ordered HC Lal Singh to open fire. HC Lal Singh then fired four rounds in the air from his Rifle. After that