MADAN MAHTO @ MADAN SINGH SON OF JANARDAN SINGH RESIDENT OF VILLAGE BARUNA (NIKAPUR) P.S. SAHAR NARAINPUR, DISTRICT- BHOJPUR AT ARA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Jagarnath Prasad, Learned Counsel for the petitioner and Mrs. Indu Bala Pandey, learned A.P.P. for the State. This revision has been filed by the petitioner Madan Mahto against the Judgment and Order dated 16.09.2002 passed by the Additional Sessions Judge -cum -P.O. (F.T.C.) IIIrd Arrah, Bhojpur in Sessions Trial No. 190/93 by which the petitioner has been convicted under Section 323/34 of the Indian Penal Code but inspite of sentence of imprisonment he has been released on execution of bond of Rs. 2,000/ - with two sureties of the like amount each for maintaining peace and being of good behavior for a period of one year under Section 4 (1) of the Probation of Offender's Act.

(2.) THE petitioner and two others persons are accused in Sahar P.S. Case No. 105/1992 registered under Sections 323, 324, 307/34 of the Indian Penal Code. The police upon investigation submitted chargesheet against the accused under all the Sections but charge was framed under Section 307/34 of the Indian Penal Code.

(3.) LEARNED Counsel for the petitioner further submits that in a case like the present where there is absolutely no legal evidence to convict him, still he has to undergo imprisonment for one month.