LAWS(PAT)-1997-10-10

SUKRA MUNDA Vs. STATE OF BIHAR

Decided On October 23, 1997
SUKRA MUNDA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This revisions is directed against the judgment dated 6-6-1992 passed by 5th Additional Judicial Commissioner Ranchi in Criminal Appeal No. 38/90 thereby and there under all these appellants were found guilty under Section 379, IPC and they were sentenced to undergo rigorous imprisonment for one year each and thus the conviction and sentence as recorded by the trial Court that is Sri S. Ahmad. Judicial Magistrate. 1st class. Ranchi in Complaint case No. 61/86 was confirmed and maintained.

(2.) The fact in short for the purpose of this revision is that the complainant Lal Satya Narayan Nath Shahdeo who is here opposite party No. 2 filed the aforesaid complaint claiming that R.S. Plot Nos. 2285, 2286, 367, 368 of village Koinara P.S. Leoung belonged to him and he had grown paddy crop on these lands but these petitioners on 28-11-1986 forcibly cut the paddy crop and removed the same.

(3.) The petitioners claimed themselves innocent and denied to -have cut and removed the paddy crop and also claimed bona fide right over the disputed land but the trial Court that is, Sri S. Ahmad. Judicial Magistrate 1st class. Ranchi vide his judgment dated 4th May. 1990 found these appellants guilty under Section 379. IPC and convicted and sentenced them to undergo rigorous imprisonment for one year each and that conviction and sentence was confirmed by the 5th Additional Judicial Commissioner. Ranchi in Criminal Appeal No. 38/90 and. thus this revision had been preferred.