CHULHAI HAZRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) CONCURRENT finding of guilt and also sentence against the petitioners recorded by the trial Court and also affirmed by the appellate Court has been impugned in this revision, It seems that though Ganpat Hazra too suffered conviction and had been sentenced by the Court below, during pendency of this revision he died which fact finds mentioned in I.A. 932 of 2001 filed for condoning the delay in filing this application and as such his name seems to be expunged from the revision application.

(2.) FOR brevity of contentions raised at Bar on behalf of the petitioners, salient features of the prosecution case, is apt to be noticed. Factual matrix on 2.12.1993, when Mahadeo Chaubey (P.W. 4) went to watch his paddy field he noticed the petitioners and Ganpat Hazra haivesting the standing crops from 19 kathas 3 dhurs of land appertaining to R.S. Plot No. 133, and when he forbade them and registered protest, he was assaulted with fists and slaps. Those aggrieved, took recourse to Police authority but barring initiation of a proceeding under Section 107 of the Code of Criminal Procedure, no police case with any cognizable offence has been drawn, and hence, the aggrieved, took recourse to judicial authority by fifing a petition of complaint before the Chief Judicial Magistrate, Motihari, pursuant to which trial commenced. In the eventual trial, the State examined ait.ogether four witnesses including Mahadeo Chaubey. (P.W. 4) who set judicial proceeding in motion and also his son Alok Kumar Chaubey (P.W. 1). The prosecution had also examined Rijhan Singh (P.W. 2) and Jagdish Dubey (P.W. 3).