M V RATNAKAR RAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Suraj Singh, learned counsel for the petitioners and Mr. Shivam Sahay, learned counsel for the opposite party no. 2.

(2.) This application is directed against the judgment dated 22.06.2005 passed by the learned 2nd Additional Sessions Judge, East Singhbhum, Jamshedpur in Criminal Appeal No. 34 of 2000 by which the judgment and order of conviction and sentence dated 15.02.2000 passed by the learned Judicial Magistrate 1st class, Jamshedpur in C1 Case No. 131 of 1997 convicting the petitioners for the offence under Sections 323/427/452/506/380/34 and sentencing them to undergo R.I. for various terms has been affirmed.

(3.) It has been stated by the learned counsel for the petitioners that the petitioners were officials of TISCO who have been implicated as they were trying to remove the encroachment. He further submits that the petitioner no. 2 was involved in 6 encroachment proceedings and even before the trial court, the informant had failed to show that he was in possession of the land in question or that he has a valid right and title over the said land. He further submits that after the dismissal of the appeal, the matter has been compromised between both the parties for which he has referred to I. A. No. 1051 of 2006 as well as I. A. No. 1673 of 2006. He further submits that since the matter has been compromised between the parties, the judgment of conviction and sentence deserves to be set aside.