JAGDISH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. This application is directed against the judgment dated 12.2.2002, passed by the learned 3rd Additional Sessions Judge, Bermo at Tenughat in Cr. Appeal No. 33 of 1999/08 of 2001, whereby and whereunder, the Judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st class, Bermo at Tenughat in G.R. Case No. 1060 of 1996, convicting the petitioners for the offence under section 435 of the Indian Penal Code and sentencing them to undergo S.I. for two years has been affirmed.

(2.) An FIR was instituted on the allegation that on 11.2.1996 at about 12 A.M. when the cousin brother of the informant had come out from his house for the purpose of answering call of nature he saw that the straw and the paddy crops lying in Khalihan were burning and two persons were fleeing away. It is also alleged that the said witness had seen a motorcycle in a running condition and the persons who had set fire on the straw had fled away on the motorcycle. The witness had identified all the three persons as the petitioners in the present case.

(3.) Based on the aforesaid allegations, G.R. Case No. 1060 of 1996 was instituted, in which after investigation charge sheet was submitted under section 435 of the Indian Penal Code, pursuant to which cognizance was taken and after charge was framed, trial proceeded. On conclusion of trial, learned trial court having found the petitioners guilty for the offence under section 435 of IPC had sentenced them to undergo S.I. for two years. The appeal preferred by the petitioners being Cr. Appeal No. 33 of 1999/08 of 2001 was dismissed by the 3rd Additional Sessions Judge, Bermo at Tenughat, by Judgment dated 12.2.2002.