- (1.) No one appears for the petitioner in spite of repeated calls. On the earlier occasions also, no one had appeared for the petitioner in spite of repeated calls, as such the case was adjourned in order to give a chance to the learned counsel for the petitioner. Today also no one appears for the petitioner. Learned counsel for the State is present. I have gone through the records.
(2.) The petitioner is aggrieved by the Judgment dated 14.1.2000 passed by the learned 2nd Additional Sessions Judge, Palamau at Daltonganj, in Cr.Appeal No.16 of 1996, whereby, the appeal filed by the petitioner against the Judgment and Order dated 22.01.1996 passed by Sri Sajjan Kumar Dubey, learned Judicial Magistrate, 1st class, Garhwa, in G.R. Case No. 728 of 1991 / T.R No.76 of 1996 was dismissed by the learned Appellate Court below with modification in sentence. It may be stated that the petitioner was found guilty and convicted for the offence under Sections 323 and 325 of the I.P.C., by the Trial Court and upon hearing on the point of sentence, he was sentenced to undergo R.I. for three months for the offence under Section 323 of the I.P.C., and R.I. for one year for the offence under Section 325 of the I.P.C and both the sentences were directed to run concurrently. Learned Appellate Court below while dismissing the appeal of the petitioner had reduced the sentence under Section 325 of the I.P.C. to R.I. for six months from R.I for one year and with this modification in sentence, the appeal filed by the petitioner was dismissed by the learned Appellate Court below.
(3.) From perusal of the records, it appears that the petitioner was made accused in Garhwa P.S. Case No. 190 of 1991 corresponding to G.R Case No. 728 of 1991 which was instituted for the offence under Sections 341, 323 and 325 of the I.P.C. There is allegation against the petitioner to have assaulted the informant Bhola Paneri, causing grievous injuries to him. On the basis of the Fardbeyan given by the informant, the police case was instituted and after investigation, the police submitted charge-sheet against the petitioner, on the basis of which, cognizance was taken and the petitioner was ultimately put to trial for the offence under Sections 323 and 325 of the I.P.C.;