KAMDEO MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application has been filed by the petitioners challenging the judgment dated 18.3.2015 in Cr.App.No.44 of 2012 passed by the 5 th Additional Sessions Judge, Deoghar by which he has acquitted the appellants under Section 504 of the Indian Penal Code but upheld the conviction under Sections 341 and 323 of the Indian Penal Code. He, further by the impugned order, modified the sentence and gave benefit of Section 360 of the Code of Criminal Procedure to the accused and they were directed to execute probation bond of Rs.10,000/ - with two sureties of the like amount each .

(2.) Learned counsel appearing for the petitioners/accused submits that since from the evidence led before the trial court in G.R. No.237 of 2003, the prosecution has failed to prove the case, these petitioners should have been acquitted for the offence under Section 323 or 341 of the Indian Penal Code also, thus, not only the judgment passed in Cr. App. No.44 of 2012 is bad but also the judgment of conviction passed in G.R.No.237 of 2003 is bad and has to be set aside and the petitioners should have been acquitted.

(3.) A FIR was instituted by one Sunil Kumar Mandal, inter alia, alleging therein that he was taken in adoption by his maternal grandmother as she did not have any son. He further stated that on 9.5.2003 at about 12.00, hours when he was in his house, he came to know that Kamdeo Mandal, Hari Mandal, Bhola Mandal and Ganju Mandal have entered upon his land and have started making some construction. He on receiving the said information, reached the place of occurrence and saw all these persons armed with sharp tools and sticks. On protest, the accused persons abused and assaulted him. The informant raised alarm, as a result of which, his brother, Arjun Mandal reached to his rescue but he was also assaulted by the accused.