PABRIT PODDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. K.K. Singh, learned counsel for the petitioners and Mr. Ram Prakash Singh, learned A.P.P. for the State. No one appears on behalf of the opposite party no. 2 in spite of valid service of notice.

(2.) This application is directed against the judgment dated 23.09.2002 passed by the learned Sessions Judge, Deoghar in Criminal Appeal No. 67 of 1997 whereby and whereunder the judgment and order of conviction dated 30.07.1997 passed by the learned S.D.J.M., Madhupur in PCR Case No. 461 of 1991 by which the petitioners had been held guilty for the offence under Sections 147, 379 and 148 of I.P.C. and sentenced to maximum period of one year R.I. has been affirmed by modifying the sentence by giving benefit under Sec. 3 of the Probation of Offenders Act and Sec. 6 of the Probation of Offenders Act variously to the petitioners.

(3.) The prosecution case as would arrive from the complaint petition is that the accused persons had assembled near the place of occurrence where the complainant had cultivated paddy crops. It is alleged that on 20.11.1991, the accused persons who were variously armed had started harvesting paddy and in spite of resistance being made by the complainant and his sons, the accused persons had forcibly taken away the paddy worth Rs. 700.00. It is also alleged that there is land dispute between the parties which was decided in favour of the complainant. Based on the aforesaid allegations PCR Case No. 461 of 1991 was instituted. After conducting inquiry, cognizance was taken for the offences under Sec. 147, 148 and 379 of I.P.C. and after the case was transferred to the court of SDJM, Madhupur at Deoghar, charge was framed and thereafter trial proceeded. Since the prosecution has been able to establish its case beyond all reasonable doubt, the petitioners were convicted under Sec. 147, 148 and 379 of I.P.C. and were sentenced to various terms. The appeal preferred by the petitioners being Criminal Appeal No. 67 of 1997 was dismissed by the learned Sessions Judge, Deoghar on 23.09.2002 by modifying the sentence by giving benefit under the provisions of Probation of Offenders Act.