RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Rohit Agrawal, learned counsel for the petitioners. No one appears on behalf of the State.
(2.) This application is directed against the judgment dated 25.06.2002 passed in Cr. Appeal No. 15/1995 by 59/1999 by the learned 1st Additional Sessions Judge, Deoghar whereby and where under the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st Class, Deoghar in P.C.R. Case No. 473 of 1983 convicting the petitioners for the offence punishable under section 323 of the I.P.C. and directing them to execute the bonds of Rs. 1,000/- with two sureties for a period of one year to maintain peace and good behaviour under the Probation of Offenders Act has been affirmed.
(3.) It has been stated by the learned counsel for the petitioners that the alleged incident had taken place on 24.11.1983 and the complaint case was lodged without explaining the cause of such delay. Learned counsel submits that out of seven witnesses, P.W-1 to P.W-5 all are related to the informant P.W-6. It has, therefore, been submitted that on account of delay in instituting the case coupled with the fact that no independent witness has been examined by the prosecution, the judgment and order of conviction and sentence be set aside.;