MR.RONGON MUKHOPADHYAY,J. - (1.) No one appears on behalf the petitioners. However, Md. A. Khan, learned A.P.P. for the State is present.
(2.) This application is directed against the judgment dated 13.07.2000 passed by the learned Sessions Judge, Palamau at Daltonganj in Cr. Appeal no. 152 of 1997 whereby and where under the appeal preferred against the judgment and order of conviction and sentence dated 30.08.1997 passed by the learned Judicial Magistrate, 2nd Class, Palamau at Daltonganj in G.R. No. 1396 of 1991 (T.R. No. 160 of 1997) has been affirmed.
(3.) It appears that the First Information Report was instituted on the allegation that on 13.09.1991 while the informant and his brother were sitting in the house the petitioners along with one Birendra Singh had come to his house armed with lathi and began to hurl abuses accusing them of trespassing their cattle in their field. It is alleged that in the meantime the brother of the informant had come out from the house and the accused persons had assaulted him with lathi and when the informant come to rescue him he was also assaulted on his head and other parts of the body. Further allegation has been levelled that the wife of the informant who was also assaulted which led her to suffering a fracture injury. Based on the aforesaid allegation G.R. No. 1396 of 1991 was instituted in which after investigation charge-sheet was submitted against the petitioners, pursuant to which cognizance was taken. The learned trial court on being satisfied that the prosecution had been able to prove its case beyond all reasonable doubts had convicted the petitioners for the offences punishable under Section 325, 323, 341 and 447 of the Indian Penal Code and had sentenced them to undergo S.I. for one year under Section 325 of the I.P.C., S.I. for six months under Section 323 of the I.P.C. and S.I. for one month each under Section 341 and 447 of the I.P.C. The petitioners have preferred an appeal being Cr. Appeal No. 152 of 1997 which however was dismissed by the learned Sessions Judge, Palamau on 13.07.2000.;