SOMAR RANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application is directed against the Judgment dated 31st july 1998, passed by the 1st Additional Sessions Judge, giridih in Cr. Appeal No. 52 of 1993 whereby the learned Additional Sessions Judge dismissed the appeal and affirmed the conviction and sentence passed by the trial Court. The trial Court by its judgment dated 30th August 1993 had convicted the petitioners and one another for the offence under Sections 143 and 379 of the indian Penal Code and they were sentenced to undergo R. I. for a period of two months for the offence under Section 143 IPC and r. I. for a period of six months for the offence under Section 379 IPC.

(2.) THE prosecution case, in short, is that the informant, who was the Bataidar of the land of Jagdish Sao being Khata No. 1, Plot nos. 73, 74, 75, 76 and 77 area measuring one acre, had grown paddy crop over the said plots. It is said that on 24-10-1976 at about 4. 00 p. m. Bandhu Rana and eight others by forming unlawful assembly, armed with deadly weapons came to the field and forcibly harvested the paddy crops grown by the informant causing loss to him to the tune of Rs. 350/ -. When the informant protested, he was threatened by the accused persons and, thereafter, the informant went to the house of Jagdish Sao and informed him about the cutting of paddy crops by the accused persons. On the basis of the written report, given by the informant, the Giridih Muffasil Police registered a case under Sections 143 and 379 of the Indian Penal Code. The police after completion of investigation submitted final report stating it to be a civil dispute. Thereafter, a protest petition was filed by the informant and then on the basis of the protest petition, the learned Chief Judicial Magistrate made enquiry under Section 202 Cr. P. C. and then took cognizance of the offence under Sections 143 and 379 IPC against the petitioners and others.

(3.) IT appears that the other accused against whom the cognizance was taken namely, Sahdeo Rana, Bajrangi Rana Pritam rana and Basant Rana their cases were split up since they were juvenile at the time of incidence. During the pendency of the trial the accused Bandhu Rana died and, thereafter, his name was expunged.