- (1.) BEING satisfied with the cause shown in the application (LA. No. 1934/05) for condonation of delay in filing this application. I condone the delay in filirg tnis application. LA. aforesaid is disposed of.
(2.) THE petitioner, Bhudeo Yadav, was tried along with other accused persons for the offence under Section 307 as well as 380 IPC before the 1st Assistant Sessions Judge, Godda. The allegation against this petitioner and other accused persons is that he and others formed unlawful assembly, surrounded the house of Ghanshyam Yadav, informant, PW 7 and that after entering the house of the informant unlawfully, they broke open the door, dragged the informant, Ghanshyam Yadav, PW 7, and assaulted him and later removed the foodgrains, utensils and other articles. The Trial Judge found the petitioner guilty for the offence under Section 307 and 380 IPC and sentenced him to undergo rigorous imprisonment for five years and three years respectively on the said two counts. He preferred an appeal against the aforesaid order of conviction and sentence. The appellate Court while acquitting him for the offence under Section 380 IPC, modified the order of conviction and sentence from Section 307 IPC to one under Section 324 IPC, for which he was directed to suffer rigorous imprisonment for a period of one year. The present revision is against the said judgment and order of conviction and sentence.
(3.) LEARNED counsel for the petitioner submits that in absence of any charge begin framed under Section 147 or 34 IPC or in absence of any specific allegation that the petitioner caused injury to the victim the Court below was not justified in convicting him under Section 324 IPC simplicitor, as admittedly the injury was caused to the victim not by this petitioner but by some other accused. He submits that the prosecution did not have any case against the petitioner for framing charge either under Section 147 or 148 IPC and therefore, there was no unlawful assembly and in that view of the matter, conviction and sentence under Section 324 IPC simpliciter is bad in law.;