SARWAR ALAM Vs. SARWAR ALAM

JUDGEMENT

(1.) Heard Mr. B. K. Dubey, learned counsel, appearing for the petitioner and Mr. Ram Prakash Singh, learned APP for the State.

(2.) This application is directed against the judgment dtd. 11/12/2008 passed in Cr. Appeal No. 112 of 2008 by learned Additional Judicial Commissioner, F.T.C. No. VI, Ranchi, whereby and whereunder, the judgment of conviction and sentence dtd. 4/8/2008 passed by learned Judicial Magistrate, Ranchi in G.R. Case No. 931 of 2003 (T.R. No. 516 of 2008), convicting the petitioners for the offences punishable u/s 147, 323 and 448 of the Indian Penal Code (I.P.C.) and sentencing them to undergo R.I. for one year u/s 147 I.P.C., R.I. for one year and fine of Rs.500.00 u/s 323 I.P.C. and R.I. for three months u/s 448 I.P.C, has been affirmed.

(3.) The prosecution story in brief is that on 5/4/2003 t about 4.30 p.m. when the informant was in his house, the petitioner along with other accused persons variously armed entered into his house and assaulted him. It has been alleged that the petitioner No. 2 had assaulted the informant with Lathi on his head and the other accused persons had assaulted the wife and children of the informant. Based on the aforesaid allegation Itki P.S. Case No. 28 of 2003 was instituted in which after investigation charge-sheet was submitted and after cognizance was taken, charge was framed u/s 147, 323 and 449 I.P.C. to which the accused persons pleaded not guilty and claimed to be tried.