AJAY PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Chandrajit Mukherjee, learned counsel for the petitioners and Mr. V.S. Prasad, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 21.06.2001 passed by the learned 1st Additional Sessions Judge, Palamau at Daltonganj in Criminal Appeal No. 8 of 1998 whereby and where under the judgment and order of conviction passed by the learned Judicial Magistrate, 2nd Class, Daltonganj in G.R. Case No. 1117 of 1995 convicting the petitioners for the offences punishable u/s 147, 342, 448, 427 and 325 of the Indian Penal Code and sentencing them to various periods of imprisonment has been affirmed.

(3.) It has been submitted by the learned counsel for the petitioners that there are vital contradiction between the evidence of P.W.1 and P.W.2 with respect to the manner of assault upon the informant. Learned counsel for the petitioners further submits that the allegation made of breaking the door and violence has been falsified by the evidence of P.W.6 the Investigating Officer who had not found any such sign on the door. Learned counsel for the petitioners submits that even otherwise the petitioners have been falsely implicated in the present case and the prosecution witnesses are closely related with the informant party.