UPENDRA KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajesh Lala, learned counsel for the petitioners appearing in Criminal Revision No. 612 of 2008. No one appears in the connected Criminal Revision No. 617 of 2008 for the petitioner. Mr. Tapas Roy, learned A.P.P. represents the State in both the cases.

(2.) These applications are directed against the judgment dated 07.07.2008 passed in Criminal Appeal No. 62 of 2008 by the learned Sessions Judge, Dhanbad whereby and whereunder the judgment and order of conviction and sentence dated 18.02008 passed in G. R. No. 1837 of 2002 by the learned Judicial Magistrate 1st class, Dhanbad convicting the petitioners for the offence under Sections 341, 323 and 427 of I.P.C. and sentencing them to undergo S.I. for one month for the offence under Sec. 341 of I.P.C. and for six months each for the offences under Sections 323 and 427 of I.P.C. has been affirmed.

(3.) The allegation made in the FIR is to the effect that on 18.07.2002 at about 6 P.M., the driver of the informant had parked his dumper bearing registration no. BR 17G/5178 in front of Bhaura Area Office and had gone to take meal. It has been alleged that in the meantime, somebody informed that 3-4 persons were breaking the wind screen of the dumper. The driver rushed to the place of occurrence and saw the petitioners and one Jitu Yadav involved in such act. When the driver protested, he was assaulted and when the informant came to the place of occurrence, he was also abused and chased away. Based on the aforesaid allegations, Jorapokhar (Sudamdih) P. S. Case No. 168 of 2002 was instituted, in which after investigation, charge-sheet was submitted and after cognizance was taken, substance of accusation was explained to the accused under Sections 341, 323, 427, 504 and 506 of I.P.C. to which they pleaded not guilty and claimed to be tried.