DEVI PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY the judgment and order dated 3rd July, 1989 in Trial No. 132/89 the first class Judicial Magistrate, Jehanabad convicted all the three petitioners under section 144 I.P.C. and sentenced them to simple imprisonment for six months. Petitioner no.1 Devi Pandit was further convicted under section 435 I.P.C. and sentenced to imprisonment for one year. Petitioner no.2 -Naurangi Pandit was also convicted u/s 435/109 IPC and sentenced to undergo simple imprisonment for six months.

(2.) THE learned Additional Sessions Judge, Jehanabad dismissed the appeal but instead of jail imprisonment ordered the appellants to execute a bond of Rs. 2000/ - each with two sureties u/s 360 Cr.P.C. to keep peace for a period of one year. This court while admitting this revision application stayed the execution of bond.

(3.) THE petitioners seek to set aside the judgment of the Additional Sessions Judge and claimed that they are entitled to acquittal in the facts and circumstances of the case. The learned Addl. Sessions Judge dismissed the appeal and maintained the conviction of the petitioners. He has considered the evidence of material witnesses in para 5 of his judgment as extracted below: