ABDUL AJIJ @ AJIJ MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Binod Kumar Jha, learned counsel for the petitioners and Mr. Ashok Kumar, learned A.P.P. appearing on behalf of the State.

(2.) In this application the petitioners have challenged the order dated 03.09.2002 passed in Cr. Appeal No.90 of 1996 and 95 of 1996 passed by the learned 3rd Additional District and Sessions Judge, Deoghar whereby and where under the judgment and order of conviction passed by the learned Judicial Magistrate, Ist Class, Deoghar in connection with G.R. No.392 of 1985 convicting the petitioners for the offences punishable under Sections 147 and 447/149 of the IPC and sentencing them accordingly has been affirmed.

(3.) It appears that the first information report was instituted on 13.07.1985 in which it was alleged that while the informant along with his brothers were uprooting and seedling the paddy for plantation, the petitioners and the other accused persons forming an unlawful assembly variously armed with lathi and rod had directed the informant to leave the place. It is also alleged that on an objection made by the informant, the accused persons had started assaulting him with lathi and spade. It is further alleged that the other brothers of the informant were also subjected to assault. On raising an alarm, the other cultivators came to the place of occurrence at which the accused persons had fled away.