ROHAN RAWANI Vs. MOHI RAWANI

JUDGEMENT

(1.) THIS appeal has been filed by the appellant under Section 378 (4) of the code of Criminal Procedure for setting aside the judgment dated 12-11-1992 passed by the Additional Sessions Judge, Deoghar in cr. Appeal Nos. 25 and 26 of 1987 whereby judgment of conviction and order of sentence passed against the accused-respondents by the trial Court, has been set aside.

(2.) RESPONDENTS, Marwari Rawani, Narain rawani and Bengali Ramani were convicted by the trial Court and sentenced to undergo r. I. for two months under Section 147, IPC, three months under Section 427, IPC, six months under Section 379, IPC. Respondents mohi Rawani, Choudhary Rawani and suresh Rawani were convicted under Section 379, IPC and sentenced to undergo R. I. for six months, three months under section 148, IPC, three months under Section 427, ipc by the judgment dated 26-3-87 passed in PCR case No. 262/1981 (T. R. No. 748/87 by the Judicial Magistrate, 1st class Deoghar.

(3.) AGAINST the aforesaid judgment of conviction and order of sentence the respondents-accused preferred two criminal appeals being cr. Appeal Nos. 25 and 26 of 1987. The appellate Court heard both the appeals together and after considering the entire oral and documentary evidences and also after hearing the parties at length, set aside the aforesaid judgment of conviction and order of sentence passed by the trial court by his judgment dated 12th November, 1992 holding them not guilty of the offence alleged.