JATRU ORAON AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A. K. Sahani, learned counsel for the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State.

(2.) This application is directed against the order dated 10.09.2004 passed by the learned Additional Judicial Commissioner, FT, Ranchi in Criminal Appeal No. 106 of 2001 whereby and whereunder the order of conviction and sentence passed by the learned Judicial Magistrate 1st class, Ranchi in G. R. No. 792 of 1995 by which the petitioners have been convicted for the offence under Section 324/34 of I.P.C. and the petitioner Nos. 1 to 3 have been sentenced to undergo R.I. for 3 years whereas petitioner Nos. 4 & 5 have been sentenced to undergo R.I. for 6 months has been affirmed.

(3.) It has been stated by the learned counsel for the petitioners that there are vital contradictions between the evidences of the witnesses and no independent witness has been examined and all the witnesses are related to each other. He further submits that the petitioners have been falsely implicated on account of previous enmity existing between the parties. An alternative argument has been put forward by the petitioner that the petitioners are facing the rigours of prosecution case since the year 1995 and has also remained for 4 and half months in custody and if this court is not inclined to interfere with the judgment of conviction, the period of sentence be reduced considering the aforesaid facts.