SHRIKRISHNA PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This application is directed against the judgment dated 14.08.2002, passed by the learned 12th Additional District and Sessions Judge, Dhanbad in Cr. Appeal No. 2 of 2000, whereby and where under, the judgement and order of conviction and sentence passed by the learned S.D.J.M., Dhanbad in G.R. Case No. 895 of 1993,whereby the petitioners had been convicted for the offence under sections 414, 420, 465, 474/34 of the Indian Penal Code, which was subsequently modified and confirmation was made by the learned appellate court only with respect to Section 414 of IPC and petitioners were sentenced to undergo R.I. for six months S.I. has been affirmed.

(3.) The prosecution story in brief is that a search was made in depot of petitioner no. 1 and 150 metric tons of coal was recovered. Documents seized were alleged to be forged and therefore an FIR was instituted under sections 414, 420, 465, 471/34 of the Indian Penal Code being Govindpur P.S. Case No. 75 of 1993. Investigation culminated in submission of charge-sheet. After cognizance was taken, charge was framed and thereafter trial proceeded. Since the prosecution had been able to establish its case beyond all reasonable doubt, petitioners were convicted by the learned Sub-divisional Judicial Magistrate, Dhanbad on 13.12.1999 for the offence under sections 414, 420, 465, 474/34 of the Indian Penal Code and were sentenced to various terms. Petitioners preferred an appeal being Cr. Appeal No. 2 of 2000, which was dismissed by the learned 12th Additional Sessions Judge, Dhanbad on 14.8.2002 by affirming the judgement of the learned trial court only to the extent of conviction meted out to the petitioners under section 414 of the Indian Penal Code whereas the petitioners were acquitted for the offence under sections 420, 465 and 474/34 of the Indian Penal Code.