Rongon Mukhopadhyay, J. - (1.) Heard Mr. Sameer Saurabh, learned counsel for the petitioners and Mr. G.S. Prasad, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 12.12.2000 passed by the learned Additional Sessions Judge, Pakur in Criminal Appeal No. 29 of 1990/82 of 1993 whereby and where under the judgment and order of conviction and sentence passed by the learned Judicial Magistrate 2nd Class, Pakur convicting the petitioners for the offence punishable under Sections 147/448/323 of I.P.C. and sentencing them to undergo R.I. for 3 months for each of the charges has been affirmed.
(3.) An FIR was instituted by one Dipti Hembram who was examined as P.W. 6 wherein it was alleged that the accused persons assaulted him as well as one Chotu Hembram (P.W. 2) and Matla Hembram (P.W. 4) with lathi and sabal on 22.04.1985. After investigation, charge-sheet was submitted against the petitioners and after cognizance was taken, case was tried by the Judicial Magistrate 2nd class, Pakur who was pleased to convict the petitioners under Sections 147/448/323 of the I.P.C. and sentenced them to undergo R.I. for 3 months for each of the charges levelled against them. The appeal preferred by them being Criminal Appeal No. 29 of 1990/82 of 1993 was dismissed vide judgment dated 12.12.2000 by the learned Additional Sessions Judge, Pakur.;