Insufficient evidence leading to the acquittal of some accused while affirming convictions for others highlights the importance of corroborative testimonies and the assessment of individual accountability in riot-related offenses.

JUDGMENT :

S.S. Mishra, J.

The present Criminal Appeal, filed by the appellants under Sections 374 of the Cr. P.C., is directed against the judgment and order dated 18.12.1995 passed by the learned 1^st Additional Sessions Judge, Berhampur in S.C. No.29 of 1994 (S.C. No.153/94 G.D.C.) arising out of G.R. Case No.922 of 1991, whereby the learned trial Court convicted the accused-appellants for the offences punishable under Sections 148 /323/149 of I.P.C. and, accordingly, sentenced them to undergo R.I. for one year for the offence under Section 148 of I.P.C. and for a period of six months each for the offence under Section 323 /149 of I.P.C. and both the sentences are directed to be run concurrently.

2. The present appeal is pending since 02.01.1996. When the matter was taken up for hearing, none has appeared on behalf of the appellants. Therefore, this Court requested Mr. Mohammad Faradish, learned counsel, who is present in Court to assist the Court as Amicus Curiae. He has readily accepted the same and after obtaining entire record assisted the Court very effectively. This Court records appreciation for the meaningful assistance rendered by Mr. Faradish, learned Amicus Curiae.

3. Heard Mr. Mohammad Faradish, learned Amicus Curiae for the appellants and Ms. Subhalaxmi Devi, learned Additional Standing Counsel for the State.

4. The prosecution case in terse and brief is that, on 22.10.1991, the informant- Krushna Das (P.W.1) lodged a written report before the Gopalpur P.S. inter alia alleging therein that since last three years, there was party faction in the village. People of 10 houses are in his party known as “small party” and rest are in the other party known as the “big party”. It is alleged that during Dasahara festival, the people of “big party” worshipped the deity and sacrificed animals like goat and sheep and on the date of occurrence, they locked the temple and left the place at about 3.00 P.M. It is also alleged that the members of the “small party” also went to the temple to worship and sacrificed cocks before the deity. One Khetra Das, who belonged to the big party, had two wives namely Kamala and Indu; and Gita is the daughter of Kamala, who is staying separately from her husband and belongs to the small party. On 22.10.1991, in the evening, there was a quarrel between Gita and her mother Kamala. At that time, the accused-appellant No.2-Daya Das enquired about such scolding and abused Kamala. It is further alleged that at about 8.00 P.M., all the appellants came with lathis, stones and katis in their hand. Kamala came to the house of the informant but the accused persons shouted and hurled abuses. When the informant (P.W.1) tried to explain the matter and subside the quarrel, suddenly, the appellant No.3-Babu Das dealt with lathi blow on his head and the appellant No.1-Ghata Das gave a stroke with a kati fitted with bamboo handle to the left eyebrow of the informant, as a result of which, he sustained bleeding injuries on his eye and head. Thereafter, the appellant No.4-Bhima Das dealt lathi blow on his right hand and the informant fell down on the ground. After sometime, the wife of the informant arrived at the spot and dragged him into the house. The water was given to the informant, who regained his sense and came to the Ice Factory to approach Gena Babu to contact the police by telephone. As the police could not be contacted, he came to the police station and gave the oral report. Hence, the F.I.R.

5. The prosecution in order to bring home the charges against the accused persons examined as many as six witnesses. Out of whom, P.W.1 was the