Rongon Mukhopadhyay, J. - (1.) Heard the parties. This application is directed against the judgment dated 24.12.2001, passed by the learned 1st Additional Sessions Judge, Godda in Cr. Appeal No. 213 of 98/45 of 96, whereby and whereunder, the judgment and order of conviction passed by the learned Judicial Magistrate, 1st class, Godda in G.R. Case No. 94/92, T.R. No. 323/96 convicting the petitioners for the offence under sections 147, 341, 323, 325/149 of the Indian Penal Code has been affirmed and the sentence has been modified directing the petitioners to execute a bond of Rs.2,000/- with two sureties of the like amount each for a period of one year failing which the petitioners have to undergo R.I. for one year.
(2.) The prosecution case, as would appear from the FIR, is that on 20.1.1992 at about 4 p.m. when the informant was sitting in his shop and was engaged in unloading bricks from tractors for construction of house on plot No. 533, petitioners and one Shyam Sundar Mahto had come and forbade the informant from unloading the bricks. On refusal, it is alleged that accused persons started abusing him and thereafter he was assaulted with fists and slaps. It is also alleged that Shyam Sundar Mahto had taken away Rs.2,000/- and the petitioner No. 4 had taken away Rs.350/- whereas other petitioners had also taken away wrist watch, cigarette, soaps etc. and had thereafter fled away. It is alleged that the reason for the occurrence is ongoing land dispute between the parties.
(3.) Based on the aforesaid allegations, G.R. Case No.94/92 was instituted, in which after investigation charge-sheet was submitted, pursuant to which cognizance was taken and after framing of charge, trial proceeded. On conclusion of the trial, the petitioners were convicted by the learned Judicial Magistrate, 1st Class Godda on 2.8.1996 under sections 147, 341, 323, 325/149 of the Indian Penal Code and was sentenced to undergo R.I. for one year under section 325 of the Indian Penal Code and some of the petitioners were sentenced under sections 147, 323 and 341 of the Indian Penal Code for various terms. An appeal was preferred by the petitioners being Cri. Appeal No.213 of 1998/45/96 but the same was dismissed on 21.12.2001 by the learned 1st Additional Sessions Judge, Godda and the sentence imposed upon the petitioners was modified by directing the petitioners to execute a separate bond of Rs.2,000/- with two sureties of the like amount each for a period of one year, failing which the petitioners were to undergo R.I. for one year.;