TARKESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 21.06.2013, passed by the learned 3rd Additional Sessions Judge, Hazaribagh, whereby the appeal preferred by the petitioners against the judgment of conviction and order of sentence dated 15.01.2010 passed by the learned Judicial Magistrate 1st Class, Hazaribagh in Complaint Case No. 1031 of 2004, whereby the petitioners have been found guilty and convicted for the offence under Section 435 IPC and sentenced for 2 and 1/2 years each, has been affirmed.

(2.) The learned counsel for the petitioners submits that the complainant as well as the petitioners are agnates and a land dispute is going on since long. As a matter of fact, a title suit with respect to property in question which is involved in this case is also going on before the competent court. She further submits that all the witnesses are hearsay witnesses except P.W.-5 who also deposed that she has given the deposition on the instruction of complainant. She further submits that there is no other criminal antecedent of the petitioners. She further submits that so far as instant case is concerned, initially, FIR was lodged by the complainant for the same cause of action and the police submitted final form. In this view of the matter and in the background of the instant case, the petitioners should be acquitted.

(3.) Per contra, Mrs. Vandana Bharti, the learned Special P.P. for the State submits that there is no error whatsoever in the impugned order and the instant application deserves to be dismissed.