GOPAL MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The petitioner is aggrieved by the Judgment dated 29.07.2006 passed by the learned Additional Sessions Judge, F.T.C.-II, Jamshedpur, in Criminal Appeal No. 93 of 1994, whereby the appeal filed against the Judgement of conviction and Order of sentence dated 7th June 1994 passed by Sri S.B. Prasad, learned Judicial Magistrate, 1st Class, Jamshedpur, in G.R. No. 139 of 1988 / T.R. No. 421 of 1994, has been dismissed by the learned Appellate Court below with modification. It may be stated that the Trial Court below had found the petitioner guilty for the offence u/ss, 148, 323, 427 and 435 of the Indian Penal Code and convicted him for the same, whereas the other accused persons were also found guilty, convicted and sentenced for the offence u/s 147 of the Indian Penal Code. Upon hearing on the point of sentence, the petitioner was sentenced to undergo rigorous imprisonment for four months each for the offence u/ss, 148 and 323 of the Indian Penal Code and these sentences were directed to run concurrently, whereas he was sentenced to rigorous imprisonment for six months for the offence u/s 427 of the Indian Penal Code and rigorous imprisonment for three years for the offence u/s 435 of the Indian Penal Code and both these sentences were directed to run consecutively.

(3.) It appears from the Appellate Court Judgement that the said appeal was filed by the petitioner only, in which the Court below has set aside the conviction and sentence of the petitioner u/s 427 of the Indian Penal Code, finding that there was no occasion for convicting the petitioner for the offence u/s 427 of the Indian Penal Code, as he had already been convicted u/s 435 of the Indian Penal Code and the conviction and sentence of the petitioner u/ss. 148, 323 and 435 of the Indian Penal Code were upheld by the Appellate Court below.