Rongon Mukhopadhyay, J. - (1.) Heard Mr. P.P.N. Roy, learned senior counsel for the petitioner and learned A.P.P. for the State as well as Mr. Prakash Chandra, learned counsel for the informant.
(2.) This revision application is directed against the judgment dated 11.10.2004 passed in Cr. Appeal No. 07/2001 by the learned Additional Judicial Commissioner, F.T.C.-Xth, Ranchi, whereby and whereunder the judgment and order of conviction and sentence dated 19.12.2000 (sentence pronounced on 20.12.2000) passed by the learned Ist Assistant Sessions Judge, Ranchi in S.T. No. 344/1991, corresponding to G.R. Case No. 2492/1988, arising out of Kotwali P.S. Case No. 508/1988, (T.R. No. 77/1995), Trial No. 17/2000, convicting the petitioner for the offences u/s 452 and 324 of the Indian Penal Code and sentencing him to undergo R.I. for three years under each of the Sections which are to run concurrently has been affirmed.
(3.) The First Information Report was instituted on the allegation that the informant who had superannuated from service as District & Sessions Judge, Aurangabad started residing in his ancestral house at Ranchi. It is alleged that the informant had filed partition suit with regard to the ancestral properties for which the petitioner and his father were annoyed. It is alleged that on 18.08.1988 at about 7:30 A.M. while the informant and his son were working in the chamber and his younger son studying the petitioner came and attacked with a spear on Priya Ranjan Bhagat which was fended off with his right hand. It is alleged that Santosh Lal Bhagat with a small fire arm was instigating the petitioner to kill the informant and others. It is alleged that the informant and his two sons caught hold of the accused and confined them in the chamber. In the scuffle that ensued accused Santosh Lal Bhagat received injury on his face.;