JHABAN MARANDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY the Court. -Heard learned counsel for the petitioners and learned counsel for the State. No one has appeared for the apposite party No. 2 complainant, who was noticed in the case and the notice was validly served at the admission stage.

(2.) THE petitioners have challenged that judgment dated 23rd December, 1997 passed by the learned 1st Additional Sessions Judge, Godda, in Cr. Appeal No. 265 of 1983/08 of 1990 whereby, the judgment of the conviction and sentence dated 22.9.1983 for the offence under Sections 379/144 of the Indian Penal Code, passed by Sri B.K. Choudhary, learned Judicial Magistrate, 1st Class, Godda, in PCR Case No. 431 of 1980/TR No. 961 of 1983 was upheld by the learned Appellate Court below.

(3.) UPON going through the judgments passed by the Courts below, I find that there was nothing on the record to show that the petitioners were not the first offenders.