GIRIJA PANDEY Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Heard Mr. Binod Kumar Dubey, learned counsel appearing for the petitioner and Mr. A. K. Chaturvedy, learned counsel appearing for the opposite party Nos. 2 to 9.

(2.) This application is directed against the judgment, dated 23.06.2005 passed by the learned 1st Additional Sessions Judge, Chatra in Criminal Appeal No. 102 of 2000 by the learned 1st Additional Sessions Judge, Chatra whereby and whereunder the judgment and order of conviction and sentence dated 09.08.2000 passed in G. R. Case No. 501 of 1997 convicting the opposite party Nos. 2 to 9 for the offences punishable under Sections 379 and 143 of the Indian Penal Code and sentencing the accused to rigorous imprisonment for two years and six months respectively has been set aside.

(3.) The prosecution story in brief is that on 08.11.1997 at about 10:00 a.m., all the accused persons variously armed and by forming an unlawful assembly had cut the paddy crops standing over area 0.71 acres out of Plot Nos. 371, 748 and 648 under Khata No. 78 situated in Mauza Lamboiya. It is alleged that when the informant protested the accused started assaulting at which the informant fled away. It has been stated that the land belongs to the informant and he is in physical possession of the same. It has been alleged that the accused persons had cut paddy crops worth Rs. 2,000/-.