SIYA SHARAN SAROJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application is directed against the judgment and order dated July 20, 1995 passed by the 3rd Additional Sessions Judge, Patna in Criminal Appeal No. 86 of 1991 dismissing the appeal and confirming the judgment and order passed by the Judicial Magistrate, 1st Class, Patna City in Complaint Case No. 49 of 1986/T.R. No. 320 of 1991, by which the petitioner along with six other accused persons were convicted under sections 323 and 448 of the Indian Penal Code and were to be released on probation under section 4 of the Probation of Offenders Act after executing bond of Rs. 5,000/ - with two sureties of the like amount each for a period of six months.

(2.) THE prosecution case, in brief, is that opposite party no. 2 in his complaint petition dated 8.4.1986 alleged that on 1.4.1986 in between 3.00 and 4.00 P.M. all the accused including the petitioner entered into the house of the complainant and abused him and his wife. It is further alleged that they also assaulted the informant with fists and slaps and lathi causing injury on his person. It is further alleged that on the same day at about 11.00 P.M. they again assaulted the complainant and his wife and also threatened them at the point of revolver. After considering the evidence adduced on behaif of the complaint the trial court convicted the petitioner as indicated above.

(3.) HEARD learned Additional Public Prosecutor, who conceded with the above submissions of the learned counsel for the petitioner.