Conviction of members of an unlawful assembly for rioting and assault is sustainable where ocular evidence of an injured witness is corroborated by medical reports. Appellate courts may exercise discretion to modify sentences based on the passage of time and the advanced age of the accused.

C.A.V. on 20.12.2025 Pronounced on 22/01/2026 Per Sujit Narayan Prasad, J.

1. At the outset it needs to be mentioned that out of 17 appellants herein, appellant namely Ramu Mandal, Balbhadar Mandal, Basudeo Mandal, Sargun Mandal, Mahabir Manjhi and appellant Thakur Mandal died during pendency of the instant appeal. No leave has been sought by any of the legal heirs/close relatives of the deceased appellants in terms of section 394 of the Cr. P.C. pari materia to section 435 of the BNSS, accordingly, the Co-ordinate Bench of this Court vide order dated 20.12.2025 had abated the appeal of the aforesaid appellants.

2. The instant appeal is directed against the Judgment of conviction dated 11.09.1997 and Order of sentence dated 19.09.1997 passed by learned 5^th Additional Sessions Judge, Dumka, in Sessions Case No.154 of 1990 / 42 of 1990 wherein the Appellant no. 1 Kapoor Manjhi has been convicted under section 324 and section 148 of IPC and sentenced to undergo R.I. for two years each and fine of Rs. 1,000/- and in default of fine to undergo S.I. for three months under section 324 of IPC and sentence was directed to run concurrently.

The remaining appellants, i.e., Appellant Nos. 2 to 11 have been convicted under Section 147 I.P.C. and have been directed to undergo R.I. for one year.

Factual Matrix

3. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. The prosecution story in brief as per the allegation made in the First Information Report which reads hereunder as: -

According to the fardbeyan of the informant Narayan Mandal (P.W.-6), husband of the deceased Tila Devi, that on 26.10.1988 at about 10-11 A.M., he along with his wife Tilo Devi, nephew Lal Mohan Prasad Mandal, his wife Radha Devi and Informant’s daughter-in-law Ambati Devi along with 8 to 10 labourers had gone to harvest paddy from J.B. No.26 of mouza Bankanar belonging to Mostt. Asia Mandalain, who took in adoption, the son of the informant Tribeni Mandal about 15 to 20 years ago over which his son had transplanted the paddy crops.

It has been stated that while they were cutting the paddy crops, Ramu Mandal along with 23 others who were all named in the F.I.R. came variously armed and started abusing and asked as to why they were harvesting paddy and on which the labourers started fleeing from the field and the informant along with his wife and nephew left the paddy and started fleeing. All accused persons started chasing them for assaulting.

It has further been alleged that the informant and his wife Tilo Devi fled towards northern side and by that time his wife Tilo Devi was assaulted by Balbhadra Mandal by lathi on her hand and his is wife fell down on the parti land of Harendra Yadav and accused Ramu @ Ramia assaulted with farsa on her face and appellant Kapoor Manjhi gave a sword blow on her face and head and his wife was seriously injured. The informant raised halla on which Kisan Mahamarik(P.W.- 8) came running to save her on which appellant Kapoor Manjhi assaulted him on his right hand with sword and he sus