RONGON MUKHOPADHYAY,J. - (1.) No one appears for the petitioners. However, Mr. Arun Kumar Pandey, learned APP for the State is present. Since this case is pending since the year 2005, the same is being disposed of based on the materials available on record.
(2.) This application is directed against the judgment dated 13.10.2004 passed in Criminal Appeal No. 115 of 2003 by learned Additional Sessions Judge, FTC-8, Hazaribag, whereby and where under, the judgment of conviction and the order of sentence dated 19.11.2003 passed by learned Judicial Magistrate, 1st Class, Hazaribag, in G.R. Case No. 1510 of 1995 (T.R. No. 460 of 2003), convicting the petitioners for the offence under Section 147,148,149, 323, 324 and 325 I.P.C. and sentencing them to undergo imprisonment for various terms, has been affirmed.
(3.) The prosecution story, as would appear from the F.I.R., in brief, is that on the relevant date of occurrence, petitioner No. 1 was shouting for clearing the drain at which the informant replied that the rain water has collected and it would be cleared automatically. Hearing this, he started abusing the informant and thereafter he called other accused persons. It is thereafter alleged that the brother of the informant had come to save him at which the petitioner No. 1 gave him a Farsa blow, resulting injury on his palm. Another accused gave a Farsa blow on the head of P.W. 1 causing bleeding injury. Other accused started assaulting the informant with Lathi and rod and he sustained injuries on his nose, face and ear. Based on the aforesaid allegation, Ramgarh P.S. Case No. 237 of 1995 was instituted for the offence punishable under Section 147,148,149, 323, 324 and 325 of the I.P.C. After submission of charge-sheet, cognizance was taken and after framing of charges, trial proceeded.;