VISHAWNATH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This application is directed against the judgment and order dated 25.04.2001 passed by learned 3rd Additional Sessions Judge, Palamau in Criminal Appeal No. 112 of 1995 whereby and where under the judgment and order of conviction passed by learned Judicial Magistrate, 1st Class, Palamau in G.R. No. 737 of 1991 (T.R. No. 459 of 1995) convicting the petitioners for the offence punishable under Sections 147, 323 and 341 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for a period of 8 months, 4 months and 15 days respectively have been confirmed.

(3.) It appears that F.I.R. was lodged on the allegation that there was some quarrel between P.W.1 and petitioner no.2. It is alleged that at about 07:00 p.m. when the informant and his brother were returning to home, the accused persons surrounded them and there were exchange of hot words and subsequently petitioner no.1 and petitioner no.3 assaulted the informant by means of lathi and on protest being made by Krishna Mahto, he was also assaulted by some of the accused persons. Based on the aforesaid allegations, G. R. No. 737 of 1991 was instituted. After investigation charge-sheet was submitted and after conclusion of the trial, the petitioners were convicted for the offence under Sections 147, 323 and 341 of the Indian Penal Code and sentenced them accordingly.