1990 INSC 0422
                                              Yadav Lohar and Others

                                                           Vs

                                                    State of Bihar

                                        Criminal Appeal No. 172 of 1979

                              (Sabyasachi Mukharji, K. N. Singh, N. D. Ojha JJ)

                                                      30.08.1990

                                                        ORDER

1. The three appellants in the present appeal were convicted by the Additional Sessions Judge,
Jamshedpur for offences under Sections 302/149, 307/149 and 147 of the Indian Penal Code and
were sentenced to undergo rigorous imprisonment for life, rigorous imprisonment for ten years and
rigorous imprisonment for two years respectively. The conviction and the sentences awarded by the
Sessions Judge was upheld by the High Court's order dated April 6, 1978. The appellants challenged
the correctness of the conviction by means of this appeal.

2. Appellant 2, Prem Chand Lahar, died during the pendency of the appeal in this Court. Thus the
present appeal is confined to Yadav Lohar, appellant 1, and Khiroda Loharin, appellant 3.

3. After hearing learned counsel for the parties at length, we are of the opinion that this appeal must
succeed. The Sessions Judge as well as the High Court both have recorded findings that appellants 1
and 3 were not armed with any weapons. There is further no finding that any of the two appellants
committed any overt act in commission of the offences. They were merely present in a crowd of 50
to 60 persons when the fight took place and as a result of which they have been convicted by both
the courts with the aid of Sections 149 and 147 of the Indian Penal Code. Having gone through the
evidence on record, we do not find that any case has been made out against the appellants beyond
reasonable doubt. The appellants' presence and participation in the commission of the offences for
which they have been convicted is highly doubtful.

4. In the circumstances, we allow the appeal, set aside the conviction and sentences awarded to the
appellants. The appellants are on bail, their bail bonds are discharged.

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