JUDGMENT :

1. Heard learned Senior Counsel for the appellant and learned Additional Public Prosecutor on behalf of the State.

2. Under the impugned judgment dated 09.05.1996 passed in Sessions Trial No. 168 of 1993 by learned 2nd Additional Sessions Judge, Jamshedpur, seven accused persons were convicted for the charges under Section 302/149 of the Indian Penal Code. Accused Bhadar Lohar, Chhotababu Lohar and Ganesh Lohar were found guilty of rioting armed with deadly weapons and additionally convicted under Section 148 of the Indian Penal Code and rest four accused persons namely Vijay Lohar, Jagan Lohar, Mangal Lohar and Kallu Lohar were found guilty of rioting and additionally convicted under Section 147 of the Indian Penal Code. By the impugned order of sentence dated 10.05.1996 all the seven accused persons convicted under Section 302/149 of the Indian Penal Code were sentenced to undergo rigorous imprisonment for life. The three accused namely Bhadar Lohar, Chote Babu Lohar and Ganesh Lohar were sentenced to undergo rigorous imprisonment for three years each for the offence under Section 148 of the Indian Penal Code. The rest four accused namely Vijay Lohar, Jagan Lohar, Mangal Lohar and Kallu Lohar were sentenced to undergo rigorous imprisonment for two years for the offence under Section 147 of the Indian Penal Code. All the sentences were to run concurrently.

3. It is pertinent to mention here that all the convicts assailed their conviction in three criminal appeals being Criminal Appeal (DB) No. 103 of 1996(R) and the present two criminal appeals i.e. Criminal Appeal (DB) No. 107 of 1996 (R) and Criminal Appeal (DB) No. 155 of 1996 (R). A plea of juvenility was raised before a co-ordinate Bench of this Court on behalf of three appellants Mangal Lohar, Kallu Lohar and Ganesh Lohar in Cr. Appeal (DB) No.103 of 1996 through I.A. No.4393 of 2008. The matter was referred for enquiry before the Juvenile Justice Board, by order dated 12.07.2018 to ascertain the claim of juvenility of those appellants as on the date of occurrence i.e. 18.03.1992. The Juvenile Justice Board after due enquiry found that all those three appellants namely Mangal Lohar, Ganesh Lohar and Kallu Lohar were juvenile on the date of occurrence i.e. 18.03.1992 vide orders dated 27.08.2018 and 12.10.2018 respectively. The co-ordinate Bench of this Court vide order dated 06.12.2018 upon consideration of the report of the Juvenile Justice Board, Jamshedpur held as under:-

“Hence, we do not enter into the adjudication of the impugned judgment of conviction dated 9.5.1996, passed by the learned 2nd Additional Sessions Judge, Jamshedpur, in S.T. No. 168 of 1993, convicting these appellants for the offences under Sections 302/149 and 147/148 of the Indian Penal Code, which we maintain. However, since the appellants are found to be juveniles, the sentence for R.I. for life cannot be sustained against these appellants and accordingly, the impugned order of sentence 10.5.1996, passed by the Trial Court below, so far as these three appellants are concerned, are hereby, set aside.”

4. It is further pertinent to mention here that the appellant/convicts Jagga Lohar @ Jaggar Lohar in Criminal Appeal (DB) No. 107 of 1996 had died during pendency of the appeal on 16.11.2004. This was taken note on the basis of the report received from the concerned police station vide order dated 05.07.2018. It was accordingly held that Criminal Appeal (DB) No. 107 of 1996(R) abates as against appellant Jagga Lohar @ Jaggar Lohar and shall continue with respect of the other surviving appellants. Thus these present two appeals survives on behalf of the appellants Bhadar Lohar and Chhotebabu Lohar, appellants in Criminal Appeal (DB) No.107 of 1996 and appellant Vijay Lohar in Criminal Appeal (DB) No.155 of 1996(R).

5. We now proceed to deal with the present challenge. Investigation was started after institution of formal F.I.R. bearing no. Sidgora P.S. Case No. 26 of 1992 dated 19.03.1992 under