APPEAL DISMISSED - (1.) THIS appeal has been filed under Section 378(1)(5) of the Code of Criminal Procedure oh behalf of the State against the judgment of acquittal passed by the learned Magistrate, 1st Class, Giridih in connection with GR No. 1317 of 1992 (TR No. 180 of 1996), whereby and whereunder the learned Magistrate though convicted the appellant for the offence under Sections 341, 323 and 506, IPC but the accused persons were released after due admonition as provided under Section 360 of the Code of Criminal Procedure.
(2.) THE prosecution case in brief is that on 3.9.1992 in between 7 to 8 am the accused persons were ploughing the land, which was given to them by the informant in exchange of his land. The informant went upon the land and raised protest on which accused persons abused him and wanted to assault him. On seeing this the informant fled away towards his house but the accused persons rushed to his house and assaulted him with lathi. The sister of the informant also came there to save him but she was also assaulted. Accordingly, FIR was lodged under Sections 147, 354, 307, 379, 325 and 323. IPC. The accused persons/respondents appeared before the Court below and accordingly the charge was framed. Witnesses were examined and cross -examined. After hearing both sides, the Court below convicted the respondents, but released them after due admonition, hence, this appeal.
(3.) THOUGH , the notice was duly affected against the respondent Nos. 1 to 3/accused persons, none appeared on their behalf.;