- (1.) HEARD learned counsel for the petitioners and learned counsel for the State.
(2.) THE petitioners are aggrieved by the Judgment dated 25.03.2004 passed by the learned Additional Sessions Judge, IV (Fast Track Court), Jamtara, in Criminal Appeal No. 259 of 1989, whereby the appeal filed against the Judgment of conviction and Order of sentence dated 26.08.1989 passed by Sri S. Ansari, learned Judicial Magistrate, Jamtara, in G. R. Case No. 326 of 1982 / T. R. No. 160 of 1989, convicting and sentencing the petitioners for the offences under Sections 379, 143 IPC, has been dismissed by the Appellate Court with modification of the sentence. From perusal of the impugned Judgments passed by the Courts below, it appears that the petitioners were charged for the offences under Sections 379 and 143 of the IPC for harvesting away the paddy crop by forming unlawful assembly from the land of the informant. It also appears from the impugned Judgments that the disputed land is plot No. 379 having an area of 14 acres, portion of which was settled with both the parties. On the basis of the evidence brought on record, the petitioners were found guilty for the offences under Sections 379 and 143 of the IPC and were sentenced to undergo RI for six months under Section 379 IPC and RI for three months under Section 143 of the IPC and both sentences were ordered to run concurrently.
(3.) THE appeal filed against the said judgment was dismissed by the Appellate Court. However, the Appellate Court has set aside the sentence passed by the Trial Court below, giving the petitioners the benefit of the Probation of Offenders Act, directing them to enter into the probation bonds of Rs. 1000.00 each with one surety, to keep peace and be of good behaviour for a period of two years and to appear in the Court to receive sentence if called in the mean time, and they were also directed to pay compensation of Rs. 200.00 each for the loss caused to the complainant.;