OM PARIMAL GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant revision application has been filed against the Judgment dated 21.11.2006 passed in Criminal Appeal No. 251 of 2004 by Sri Pradip Kumar Choubey, Additional Sessions Judge, Fast Track Court No. IV,Dhanbad whereby all the petitioners have been convicted under section 323 I.P.C. and directed the petitioners to execute a bond a rupees 6000/ -with two sureties to maintain peace for a period of one year under section 4 of the Probation of Offender Act.

(2.) THE prosecution case in brief is that the complainant opposite party no.2 filed a complaint case against the petitioners and other three persons with an allegation that on 19.8.1994 the petitioners entered into his Sweets shop premises and started assaulting him and his brother and damaged the articles of the shop. It is further stated that the petitioner no.6 has attempted to throw the boiled milk to the face of the complainant but any how he managed to save himself. The petitioners have also attempted to throw the complainant into the well. The further case of the complainant was that in course of assaulting and throwing Boiled milk, as fire broke out causing burning of Tirpal etc. In the mean time police personnel arrived and brought the complainant and his brother to the Jharia Police Station where the complainant stated about the occurrence the police reduced it into the writing and also took the signature of the complainant and thereafter forwarded them to Prasad Nursing Home for treatment. After some time, police personnel took the complainant and his brother into the custody and forwarded them to the court of C.J.M. on the next day on a false and concocted case lodged by Om Prokash Gupta, father of the petitioner nos.1, 2, 3, and 5. The complainant and his father were released on bail on 7.9.1994. The complainant was under impression that the police must have taken action against the accused petitioners in pursuance to the case lodged by him but on enquiry, he came to know on 23.10.94 that the police did not lodge any F.I.R. at all. Thereafter he filed this complaint case on 25.10.94 before the court.

(3.) THE petitioner preferred an appeal against the aforesaid conviction and sentence before the Additional Session Judge, F.T.C. No IV, Dhanbad which was registered as Cr.Appeal No, 251 of 2004. After hearing both the parties, the appellate court convicted the petitioners only under section 323 I.P.C. but did not interfered with the sentence awarded by the trial court i.e. the appellants to be released after executing a bond of rupees 6000/ -with the two sureties to maintain peace for a period of one year. The appellate court has further observed that as the judgment has been passed by the trial court in 2004 and as the period of maintaining peace was only for one year therefore the appellants ( petitioners ) are not required to execute any bond as that part of the judgment becomes infructuous by the efflux of time.