punishable section for “rioting”. The offence of “rioting” is defined in
Section 146 IPC, which reads as under:
“146. Rioting – Whenever force ... guilty of the offence of rioting.”
On a fair reading of the definition of “rioting” as per Section 146
IPC, for the offence
IPC and sections 302 / 149 of the IPC and sections
323 / 149 of the IPC and appellant ... punished under section
144 of the IPC. Section 146 of the IPC defines rioting. Whoever force or violence
is used
trial for offence u/S
147 / 148 / 149 / 323 / 203 / 307 / 34 IPC for forming an unlawful
assembly with object of causing death ... prosecution of the common object of
the assembly the accused persons committed riots in which some
of them were armed with deadly weapon and attacked
State vs . Daya Kishan & Ors. on 26 February, 2010
1
IN THE COURT OF
offence U/s 143 IPC
( being member of unlawful assembly), U/s 147 IPC (rioting), U/s 323 IPC ... IPC (voluntarily causing hurt being member of unlawful
assembly), U/s 308 IPC r/w section 149 IPC (attempt
Section 146 IPC defines the offence of rioting. Section 147 , IPC prescribes punishment for offence of rioting.
Section 148 , IPC ... cover all offences falling under any of the
provisions of the Indian Penal Code or any other law.”11 The mere
assembly
counts for offence punishable Under Section 307 / 149 Indian Penal Code and holding them guilty instead of offence punishable Under Section ... offence punishable Under Section 148 Indian Penal Code, I find that it is not made out. Section 148 IPC prescribes enhanced punishment
Indian Penal Code. They were also sentenced to undergo (1) rigorous imprisonment for six months each under Section 143 IPC being members ... rigorous imprisonment for two years each under Section 147 , IPC for rioting; (3) rigorous imprisonment for three years each under Section 148 , IPC
likely to cause
death; Section 146 of the IPC deals with rioting; Section 147 of the IPC
deals with punishment ... rioting while Section 148 of the IPC deals with
rioting, armed with deadly weapon. Section 149 of the IPC reads
Crime of violence include assault (Sections 323, 325, 326 etc. IPC ) rioting ( Sections 147 , 148 etc. IPC ) and more serious offences
