Conviction for rioting and unlawful assembly requires proof of a common object. In its absence, such convictions are unsustainable, though individual liability for grievous injury can be maintained based on credible ocular testimony corroborated by medical evidence.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. We have already heard the arguments of Mr. Rajendra Prasad Gupta, learned counsel for the appellants and learned Spl. P.P.

2. It is to be mentioned at the very outset that the present appeal was filed by eight accused persons, out of them, appellant No.4, Hasim Ansari, appellant No.7, Farid Ansari and appellant No.8, Suleman Ansari had died and their appeal was abated vide order dated 03.11.2025. The names of surviving appellants, Wazid Hussain Ansari, Janat Hussain Ansari, Samsudin Ansari, Hafiz Ansari and Hanif Ansari have been renumbered and the appeal is heard on behalf of the aforesaid alive appellants.

3. The instant criminal appeal is directed against the judgment and order of conviction and sentence dated 22nd & 24th April, 2003 in S.T. No.1 of 1992 (Trial No.278 of 2002) arising out of Nagar Untari P.S. Case No.159 of 1990, corresponding to G.R. Case No.735 of 1990 passed by learned 1st Additional Sessions Judge, Fast Track Court, Garhwa, whereby and whereunder, the appellant No.1, Wazid Hussain and appellant No.2, Janat Hussain were directed to undergo R.I. for 2 years for the offence under section 148 of IPC and R.I. for 10 years for the offence under sections 326/149 of IPC. The original appellant No.3 to 8 have been found guilty for the offence under Section 147 of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year.

Factual Matrix:-

4. The factual matrix giving rise to this appeal is that on 20.12.1990 at about 10:00 am, the informant, Md. Noor Mohammad Mian along with Jaharuddin Mian was going to Nagar Untari Bazar and as he reached near the house of Sulaiman Mian, all the accused persons, Wazid Husain, Suleman Mian, Hasim Mia, Jannat Husain, Hafiz Mian, Samsuddin Mian, Hanif Mian and Farid Mian have surrounded him and Wazid Husain and Janat Husain caught hold of informant and chopped off his right hand by giving tangi blows. It is further alleged that, Wazid Hussain again gave tangi blow on the neck of the informant with intention to kill him but the same blow was warded off and caused deep cut injury above the wrist of left hand. It is further alleged that other accused persons also hit the informant from the blunt portion of the tangi. The motive behind the occurrence is land dispute between the parties.

On the basis of above fardbayan, FIR was registered against all the accused persons for the offences under sections 147, 148, 149, 341, 324, 326 and 307 of I.P.C. After completion of investigation, charge-sheet was submitted against the accused persons. After taking cognizance, the case was committed to the court of Sessions where S.T No.1 of 1992 was registered. The appellants have denied the charges leveled against them and claimed to be tried.

5. Learned trial court has framed charges for the offences under sections 148, 326 and 307 of IPC against the appellant No.1, Wazid Hussain and appellant No.2, Janat Hussain and the rest of the appellants have been charged for the offences under sections 147, 323, 307/149 of IPC. After conclusion of the trial, the impugned judgment and order has been passed, which has been assailed in this appeal.

6. In the course of trial, altogether 8 witnesses have been examined by the prosecution, namely:-

P.W.1-Sariun Nisha

P.W.2- Shamim Mian

P.W.3-Javed Ali

P.W.4-Noor Mohammad (Informant-cum-victim)

P.W.5-Md. Fajle Karim

P.W.6-Sahabuddin

P.W.7-Dr. Shyam Sundar Singh

P.W.8-Surendra Prasad

7. Apart from oral testimony of the witnesses, following documenta