- (1.) Heard Mrs. Rajlaxmi Mishra, learned counsel for the petitioners and Mr. Vijay Shankar Prasad, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 9.8.2005 passed by the learned IVth Additional District and Sessions Judge (F.T.C.), Dumka in Cr. Appeal No. 175/1986/65/2004, whereby and whereunder the order dated 12.8.1986 passed by the learned Sub-Divisional Judicial Magistrate, 1st Class, Dumka in connection with P.C.R. Case No. 273/1983, Trial Case No. 781/1986, convicting the petitioners for the offences punishable under Sections 143 and 379 of the Indian Penal Code has been affirmed and the sentence of three years imposed by the learned trial Court had been reduced and the petitioners have been released by giving the benefit of the Probation of Offenders Act.
(3.) It has been submitted by the learned counsel for the petitioners that there has been a delay of three days in filing the complaint petition and no reasons have been assigned with respect to the said delay. Learned counsel for the petitioners submits that there was a previous dispute with respect to the land in question and infact litigations were going on between both the parties. Learned counsel for the petitioners further submits that the complainant has failed to assert his ownership over the plot of land in which the incident is alleged to have taken place and in such circumstances, therefore, the petitioners deserves acquittal in the criminal case.;