UTRA BOURI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This application is directed against the judgment dated 25.1.2005, passed by the learned Additional Sessions Judge-IV (Fast Track Court), Jamtara in Cr. Appeal No. 19 of 1987, whereby and where-under, the judgement and order of conviction and sentence passed by the learned Judicial Magistrate, 1st class, Jamtara on 22.12.1986 in G.R. Case No. 260 of 1983, by which the petitioners were found guilty for the offence under sections 457 and 511 of the Indian Penal Code and were sentenced to undergo R.I. of one year and subsequently modified by the learned appellate court to six months, has been affirmed.

(3.) It has been submitted by the learned counsel for the petitioners that except P.W-12, there are no other eye witnesses to the occurrence. It has further been submitted that most of the witnesses are formal witnesses and some of the witnesses have merely narrated about the incident. It has also been submitted that admittedly there was enmity between the parties which resulted in false implication of the petitioners. Learned counsel submits that Investigating Officer of the case and doctor have not been examined in this case. Such facts have not been properly appreciated by the learned trial court while convicting the petitioners and as such judgment of conviction and order of sentence deserves to be set aside.