H.C. Mishra, J. - (1.) ALL these three revision applications arise out of the same case and as such, these are being disposed of by this common Judgment. Heard learned counsel for the petitioners and learned counsel for the State.
(2.) THE petitioners are aggrieved by the Judgment dated 1st March 2000 passed by the learned 1st Additional Sessions Judge, Hazaribag, in Cr. Appeal No. 70 of 1994, whereby, the appeal filed against the Judgment of conviction and Order of sentence dated 25th March 1994, passed by Sri Arun Kumar Gupta, learned Judicial Magistrate, 1st class, Hazaribag, in G.R. Case No. 1564 of 1990/T.R. No. 103 of 1994, convicting and sentencing the appellants, has been dismissed by the learned Appellate Court below. It may be stated that all the accused petitioners were acquitted of the charge under Section 147 of the Indian Penal Code and the petitioners Bishwa Nath Choudhary and Sushil Choudhary were also acquitted of the charge under Section 427 of the Indian Penal Code by the Trial Court below. The petitioners Biswanath Choudhary and Sushil Choudhary were found guilty and were convicted for the offence under Sections 341 and 353 of the Indian Penal Code, whereas the petitioner Shambhu Choudhary was found guilty and convicted for the offence under Sections 341, 427 and 353 of the Indian Penal Code. Upon hearing on the point of sentence, the petitioners Biswanath Choudhary and Sushil Choudhary were sentenced to undergo simple imprisonment for one month each for the offence under Section 341 of the Indian Penal Code and six months each for the offence under Section 353 of the Indian Penal Code, whereas the petitioner Shambhu Choudary was sentenced to undergo S.I. for one month for the offence under Section 341 of the Indian Penal Code, six months for the offence under Section 353 of the Indian Penal Code and three months for the offence under Section 427 of the Indian Penal Code. Upon appeal, the Appellate Court below has upheld the conviction and sentence passed by the Trial Court and has dismissed the appeal filed by the petitioners.
(3.) THE petitioners were facing the trial in connection with G.R. Case No. 1564 of 1990/T.R. No. 103 of 1994, arising out of Ramgarh P.S. Case No. 217 of 1990, which was instituted on the basis of written information given before the Officer In -charge, Ramgarh Police Station by the informant, Munilal Pandey, According to the prosecution case, the informant who was an officer in the Sales Tax Department, was going along -with other officials of the Department to Rajrappa washery, on the orders of the Deputy Commissioner, Sales Tax, Hazaribag, on their official jeep. On the way to Rajrappa washery, in front of a shop, namely, M/s. Madanlal Prahalad Rai, on Ramgarh Gola Road, they found a truck bearing No. BRV -7284 standing loaded with some articles, whereupon, the informant asked the office peon, Md. Raja and other two officials namely, J.K. Jha and Madhukar Sinha to inquire about the papers with regard to the articles loaded on the truck. When those three persons did not return for quite some time, the informant came down from the jeep and saw that the accused -petitioners, along with other persons, had surrounded the officials and were abusing them. Sensing the situation, the informant signaled them to return back and they sat on the jeep. In the meantime, the petitioner, Shambhu Nath Choudhary along -with one unknown person came near the jeep and tore the shirt of the informant and smashed the wind screen of the jeep. They also assaulted R.N. Mishra, another Sales Tax Officer and threatened to set the jeep on fire. In the meantime, the police arrived and they were rescued With these allegations, the F.I.R. was lodged, on the basis of which, Ramgarh P.S. Case No. 217 of 1990 corresponding to G.R. No. 1564 of 1990 was instituted against the accused persons for the offence under Sections 147, 341, 427 and 353 of the Indian Penal Code and the investigation was taken up. After investigation, the police submitted charge -sheet in the case and ultimately, the petitioners were put to trial for the said offences.;