CHAKRAM MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court Heard the parties.

(2.) This application is directed against the judgment and order dated 2.8.2002, passed by the learned 3rd Additional District and Sessions Judge, Deoghar in Cr. Appeal No. 76 of 1995, whereby and where under, the judgement and order of conviction and sentence passed against the petitioners for the offence under sections 147, 448 and 323 of the Indian Penal Code and sentencing them accordingly has been affirmed.

(3.) An FIR was instituted to the effect that while the informant was sleeping on 4.11.1988 in the corridor of his house, co accused persons came there and picked up quarrel with him and thereafter by using abusive word started beating the informant with a lathi. On hearing the cry of alarm, the sister in law as well as his mother had come to rescue him but they were also assaulted by the accused persons. After assaulting, the petitioners had taken away three mounds of paddy crops from the house of the informant. Subsequently two of the prosecution witnesses namely Gopal and Rupan Mahto had come to the place of occurrence and taken the informant to Deoghar Hospital for treatment. On the basis of the aforesaid allegations, G.R. Case No. 865 of 1988 was instituted. Upon conducting an investigation, charge sheet was submitted against the petitioners, cognizance was taken and thereafter the case was transferred to the court of learned Judicial Magistrate, Deoghar, whereafter framing of charge, trial proceeded. Since the prosecution was able to establish its case beyond all reasonable doubt, the petitioners were convicted for the offence under sections 147, 448 and 323 of the Indian Penal Code and were sentenced accordingly. An appeal being Criminal Appeal No. 76/1995 was preferred by the petitioners which was also dismissed by the learned 3rd Additional District and Sessions Judge at Deoghar on 2nd August, 2002 by acquitting the petitioners for the offence under section 380 of IPC but sustaining the conviction against the petitioners with respect to Sections 147, 448 and 323 of the Indian Penal Code.