SMT. NAMLEN TOPPNO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amiya Kunal, learned counsel appearing on behalf of the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 29.10.2004 passed by the learned Additional Judicial Commissioner, FTC No. VI, Ranchi in Criminal Appeal No. 64 of 2004 whereby and whereunder the judgment and order of conviction and sentence dated 28.02004 passed by the learned Judicial Magistrate 1st class, Ranchi in Complaint Case No. 138 of 1999 convicting the petitioners for the offence under Sections 147 and 323 of the I.P.C. and releasing them after due admonition under the provision of Probation of Offenders' Act has been affirmed.

(3.) The allegation made in the FIR is that in the year 1983, Kaushal May Tiru, the then Secretary of G.E.L. Church, Kalyanpur has purchased 90% decimals of land through registered sale deed for making graveyard. It is alleged that members of Hesag Branch of G.E.L. Church tried to capture the land and the matter was reported to the Deputy Commissioner, Ranchi. Further allegation has been levelled that on 16.02.1999 all the accused persons variously armed had tried to capture the graveyard and resultantly, the complainant and other persons were assaulted. Investigation culminated in submission of charge-sheet and after taking of cognizance, charges were framed for the offences under Sections 147, 148 323 of I.P.C. Since the prosecution has been able to prove its case beyond all reasonable doubt, the learned Judicial Magistrate 1st class, Ranchi on 28.02.2004 had convicted the petitioners for the offences under Sections 147 323 of I.P.C. The petitioners preferred an appeal being Criminal Appeal No. 64 of 2004 which however was dismissed by the learned Additional Judicial Commissioner, FTC VI, Ranchi by the judgment dated 29.10.2004.