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
appellants) were accused of various offences
under the Indian Penal Code (for short the IPC) and the Arms Act, 1959.
They were convicted ... murder ( Section 302 of the IPC), attempt to
murder ( Section 307 of the IPC), rioting, armed with a deadly weapon
( Section
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
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
convicted for the offence under Section 302 IPC read with Section 149
IPC.
3.2 It is further submitted that initially ... death, can be
punished under that Section. The term “rioting” is defined under Section
146 IPC. As per Section 146 , whenever force
Indian Penal Code and 19(F) of the Arms Act. For the offence under Section 302 of the Indian Penal Code, the 1st accused Shambhu ... years. For the offence under Section 148 of the Indian Penal Code, he did riot impose a separate sentence. He convicted accused
Indian Penal Code
guilty of causing of the said offence punishable under
Section 307 of the Indian Penal Code and within the
cognizance of this ... five accused are convicted for the offence of
rioting punishable under Section 147 , Indian Penal Code and
each is sentenced to rigorous imprisonment
read with Section 149 of the Indian Penal Code for rioting, committing murder of the deceased Kana and Bhanwaria and causing grievous hurt with dangerous
Laxmi Shankar Srivastava and under Section 147 of the Indian Penal
Code for rioting
The Trial judge by an order dated 17.9.1981 convicted and sentenced
offences:
"(i) A-1 to A-13 for rioting under Section 148 IPC;
(ii) A-1 to A-13 for wrongful restraint ... illegality.
78. Sections 34 , 114 and 149 of the Indian Penal Code
provide for criminal liability viewed from different angles as
regards actual participants, accessories
