KAMESHWAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This application is directed against the judgment dated 16.8.2000, passed by the learned 4th Additional Sessions Judge, Palamau at Daltonganj, in Cr. Appeal No. 42/90, whereby and whereunder, the appeal preferred by the petitioners against the judgment and order of conviction and sentence passed by the learned Sub Divisional Judicial Magistrate, Daltonganj in G.R. Case No. 917 of 1984 convicting the petitioners for the offence under Sections 148, 147, 447 and 323 of the I.P.C. and sentencing them accordingly has been dismissed.

(3.) It has been submitted by the learned counsel for the petitioners that there was a land dispute existing prior to the occurrence and that the petitioners have falsely been implicated on account of such land dispute. It has further been submitted that there is no consistent evidence brought forward by the prosecution. It has also been submitted that injuries suffered by the informant party were also found to be simple in nature. In the alternative, learned counsel for the petitioners has submitted that if this Court is not inclined to interfere with the order of conviction, the period of sentence be modified in view of the fact that petitioners are facing rigors of the prosecution case since 1984 and have remained in custody for some time.