RAJENDRA PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Jai Prakash Pandey, learned counsel appearing on behalf of the petitioners and Mr. Shailendra Kumar Tiwary, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 04.09.2002 passed by the learned Ist Additional Sessions Judge, Rajmahal in Criminal Appeal No.31 of 2001 whereby and where-under the judgment and order of conviction of sentence passed by the Judicial Magistrate, Ist Class, Rajmahal on 13.07.2001 in Rajmahal P.S. Case No.228 of 1994 convicting the petitioners for the offences punishable under sections 144 and 379 of the Penal Code and sentencing them accordingly has been affirmed.

(3.) It appears that a first information report was instituted in which it was alleged that the portion of land measuring 3 bighas, 19 Kathas, 16 dhur of Mouja Jairam Danga was recorded in the name of the grandfather of the informant. It is alleged that the informant and her younger sister inherited the entire property. The informant had given her portion of land in "Adha Batai" to one Lakhinder Saha who had grown paddy but on 07.11.1994, the accused persons had harvested the part of the paddy. On 111.1994, the remaining paddy crops were also harvested. When the Bataidar of the informant had informed her, she had instituted the police case. After investigation, the charge-sheet was submitted against the petitioners and after cognizance was taken, the case was transferred to the court of Judicial Magistrate, Ist Class, Rajmahal who vide judgment dated 107.2001 was pleased to convict the petitioners for the offences punishable under sections 144 and 379 of the Penal Code and sentenced them accordingly. The appeal preferred by the petitioners being Criminal Appeal No.31 of 2001 was ended in dismissal.