- (1.) BY the Court - Heard learned counsel for the petitioners and learned counsel for the State.
(2.) PETITIONERS are aggrieved by the judgment dated 21.9.1999 passed by learned Additional Sessions judge, Pakur. in Cr. Appeal No. 267 of 1989/14 of 1990, whereby the judgment of conviction and order of sentence dated 28.7.1989 passed by Sri Nand Kishore Gupta, learned judicial Magistrate, 1st Class. Pakur, in G.R. Case No. 187 of 1986/T.R. No. 386 of 1989, convicting and sentencing the petitioners for the offence under Section 323, IPC, was maintained by the learned Appellate Court below. From perusal of the judgments passed by the Courts below. it appears that there is allegation against the petitioners to have assaulted and taken away some cash of the informant Birju Lal Hansda on 1.6.1986 On the basis of the FIR lodged by informant Birju Lal Hansda. Pakuria P.S. Case No. 29 of 1986 was instituted for the offence under Section 341, 323, 379 and 34 of the IPC and investigation was taken up. After investigation, the police submitted the charge -sheet against the petitioners and the petitioners were ultimately charges were framed against them or the offence under Section 323/34 and 379 of the IPC. and they were put to trial.
(3.) IT appears from the judgments passed by the Courts. below that 13 witness were examined by the prosecution in course of trial, some of whom were declared hostile, but the fact remains that informant and some other witnesses have supported the case. It appears that no evidence was adduced by the defence. The Court below on the basis of evidence brought on record acquitted the accused for the offence under Section 379. IPC, but found the petitioners guilty for the offence under Section 323 of the IPC and convicted them for the same and upon hearing on point of sentence. Petitioners were sentenced to undergo R.I for six months each by the Judgment and Order dated 28.7.1989 passed by Shri Nand Kishore Gupta, learned judicial Magistrate.1st Class. Pakur, The said judgment was maintained by learned Appellate Court below by judgment dated 21. 9.1999 passed in Cr. Appeal No. 267 of 1986/14 of 1990.;