GANDUR BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mohit Prakash, learned counsel appearing for the petitioners and Mr. Ravi Kumar Singh, learned A.P.P.

(2.) This application is directed against the judgment dated 09.06.2000 passed by the learned 1st Additional Session Judge, Gumla in Criminal Appeal No. 26 of 1997 whereby and whereunder the appeal preferred by the petitioners against the judgment and order of conviction and sentence dated 17.04.1997 passed by the learned Judicial Magistrate, 2nd Class, Gumla in Complaint Case No. 177 of 1990/T.R. No. 235 of 1997 convicting the petitioners for the offence punishable under Section 147, 143 and 379 of the Indian Penal Code and sentencing them to undergo simple imprisonment for three months and six months respectively has been dismissed and the judgment passed by the learned trail court has been affirmed.

(3.) It has been stated by the learned counsel for the petitioners that the evidence adduced by the prosecution does not inspire confidence. It has been stated that the petitioners have been implicated on account of bonafide land dispute and both the sides in fact have produced exhibited documents before the learned trial court to substantiate the contention that there is a land dispute existing between the parties. It has thus been submitted that the background leading to institution to the First Information Report has not been properly appreciated and in in such circumstance the judgment and order of conviction and sentence passed by the learned trial court and upheld by the learned appellate court be set aside.