Point of Law : Once the accused persons have been found guilty of rioting, their conviction under Section 147 IPC cannot be said to suffer from any error of law.

JUDGMENT :

SUNITA AGARWAL, J.

1. Heard Sri Vinod Kumar Upadhyay learned Advocate for the appellant no.2 Dharm Pal and appellant no. 6 Jagpal. Sri Patanjali Mishra learned AGA has argued on behalf of the State respondent.

2. This appeal is directed against the judgment and order dated 14.12.1989 passed by the IVth Additional District & Sessions Judge, Saharanpur in Sessions Trial No. 597 of 1987 (State vs. Chandra), under Section 147, 148, 302/149 and 323/149 IPC, Police Station Laksar, District Saharanpur, whereby eight appellants namely Chander, Dharm Pal, Mohar Singh, Ram Pal, Sewa, Jagpal, Palla and Om Pal were convicted of the offences under Sections 147, 302/149 and 323/149 IPC and have been sentenced for life imprisonment for the offence under Section 302/149; for one year rigorous imprisonment each for the offence under Section 147 and for one year rigorous imprisonment each for the offence under Section 323/149 IPC. The trial court has not imposed fine on any of the accused-appellant. All the sentences are to run concurrently.

3. At the outset, it is pertinent to note that the present appeal has been filed by eight accused persons, out of whom only two survive and they are appellant no. 2 Dharm Pal and appellant no. 6 Jagpal. This appeal filed on behalf of other six appellants has been abated.

4. The first information report of the incident was lodged by Omi son of Chohal Harijan, brother of the deceased. In the incident occurred on 23.6.1987 at about 9:10 PM, six persons were injured, out of whom, one Soma, brother of the first informant, had died. The first information report was lodged on 23.6.1987 itself at about 10:35 PM.

5. As per the written report lodged by the first informant/PW-4, there was a dispute over encroachment of 'Nali' of the 'Village Well' made by accused appellant no. 1 Chander son of Paltu Harijan. The allegation in the written report is that Chander son of Paltu had constructed the door of his house covering the drain of the Well, he was confronted by the villagers and though he assured that he would not make the construction but did not accede to the request actually. On 23.6.1987 at about 9:00 PM, eight accused persons named in the FIR (appellants in this appeal) went to the house of the first informant and started beating his brother Soma son of Chohal and one Jhandu son of Chhittar, other four injured persons intervened and tried to save them who were also beaten by the accused by Lathi.

It is stated in the written report that the complainant side also wielded Lathi in their defence and on hearing their cries, other villagers named in the written report came on the spot who saved them. Six injured persons on the complainant side were taken to the Laksar hospital because of the grievous injuries sustained by them, but amongst whom Soma, the brother of the first informant, had died on the way to the hospital.

The inquest of the dead body was conducted on 24.6.1987 at about 9:00 AM.

6. On the lodging of the first information report, Check FIR was prepared which was proved by PW-7, the police officer posted in the police station concerned. PW-7 proved that the Check report and GD entry were prepared in his presence in the police station concerned by Head Moharrir Balveer Singh whose writing and signatures were identified by him. The carbon copy of the GD filed on the record was tallied with the original GD brought in the Court. The Check FIR and the carbon copy of GD were proved as Exhibit Ka-8 and Exhibit Ka-9.

PW-7 further stated that the investigation of the case was made by him and after copying the FIR and the GD in the Case Diary, he went to the Hospital PHC Laksar and saw the dead body. However, it being dark, inquest could not be conducted. The police personnel were posted for safety of the dead body and he (PW-7) went to the site of the incident in the night itself. He remained at the site throughout the night and on 24.6.1987, the statement of the first informant Omi was recorded and he again wen