UMESH MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) C.P Case No. 42 of 2009 was instituted by Babulal Napit alleging various criminal acts on the part of Umesh Mahato, Dinesh Mahato and Mahesh Mahato. In T.R No. 962 of 2014 the aforesaid persons were convicted under Sec. 323, 341/34 of the Indian Penal Code (in short, IPC), however, were granted benefit under sec. 3 of the Probation of Offenders Act and released after due admonition.

(2.) Criminal Appeal No.97 of 2014 filed by the aforesaid convicts who are petitioners before this Court was dismissed on 20/2/2015.

(3.) Mr. Kalyan Banerjee, the learned counsel for the petitioners submits that the parties were on litigating terms and on account of previous animosity the petitioners were involved in a false case. It is submitted that there is no eyewitness to the occurrence of 3/1/2009 and 4/1/2009 when the petitioners allegedly assaulted Babulal Napit, snatched Rs.650.00 from him and demolished boundary wall of his house. Still, the petitioners were convicted by the trial Judge and their conviction has been affirmed by the appellate Court.