SURAJ SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 3-5-2001, passed by the 3rd Additional Sessions Judge, Begusarai, in Cr. Appeal No. 40/93 confirming the judgment of the trial Court dated 9.2.1993, passed by the Judicial Magistrate, 2nd Class in Complaint Case No. 736 (C) of 1990 (Trail No. 246 of 1993). The revisionists were convicted for the offence under Sections 147 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months and six months respectively. The appellate Court set aside the order of sentence maintaining the order of conviction and directed the revisionists to be released on a bond of Rs. 2000/- for maintaining peace and to be good behaviour for one year.

(2.) COUNSEL for the revisionists submitted that the complainant in his complaint petition alleged that Plot No. 798 was the P.O. land, whereas in his evidence in Court examined as P.W. 3 he alleged as Plot No. 762. Moreover, the trial Court and the appellate Court both acquitted the revisionists for the offence under Sections 379 and 427, IPC because the complainant failed to substantiate that he was in possession over the P.O. field. However, the revisionists were convicted under Sections 147, 323, IPC. In this connection, it was submitted that there are certain contradictions in the evidence of P.W. 3. Moreover, the complain and himself has said that he was subjected to assault and he became semi unconscious as he received 15-20 fists and slaps, but neither any medical evidence was produced nor the complainant could demonstrate any sign of injury on his body. So the occurrence of assault was to be disbelieved and the Court below wrongly convicted them in this occurrence.