JYOTI @ JOYTI LAL GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned counsel for the State.

(2.) The petitioners are aggrieved by the Judgment dated 21.2.2000 passed by Sri S. K. Mishra, learned Additional Sessions Judge, Seraikella, in Cr. Appeal No. 1 of 1998, whereby, the appeal filed against the Judgment of conviction and Order of sentence dated 28.1.1998 passed against the petitioners by Sri Ajit Kumar, learned Judicial Magistrate , 1 st class, Seraikella, in G.R Case No. 320 of 1993 / T.R No.166 of 1998, convicting the petitioners for the offences under Sections 147, 148, 149, 323 of the I.P.C., and sentencing them for the same, was dismissed by the learned Appellate Court below with the modification in the sentence, giving them the benefit of the Probation of Offenders Act and directing the petitioners to enter into the probation bonds of Rs.5,000/- each with one surety of the like amount to maintain peace and be of good behaviour for a period of one year.

(3.) The petitioners have been made accused in Nimdih P.S. Case No. 23 of 1993 corresponding to G.R. No. 320 of 1993 on the allegation that the accused petitioners came variously armed in front of the house of the informant and assaulted the informant. It is alleged that the informant was injured by arrow shot by the accused persons, causing bleeding injury to the informant. With the said allegation, the police case was instituted and investigation was taken up. After investigation, the charge-sheet was submitted against the petitioners.