Rongon Mukhopadhyay, J. - (1.) Heard Mrs. Supriya Dayal, learned counsel for the petitioners and Mr. Ram Prakash Singh, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 24.01.2004 passed by the 4th Additional Sessions Judge, Palamau at Daltonganj in Criminal Appeal No. 107 of 2000 whereby and whereunder the judgment dated 18.08.2000 passed by the learned Judicial Magistrate 1st class, Daltonganj in Haidarnagar P. S. Case No. 28 of 1993 corresponding to G. R. No. 917 of 1993 convicting the petitioners for the offence under Section 147/323/149 of I.P.C. and sentencing him to undergo S.I. for 6 months and R.I. for one year respectively has been affirmed.
(3.) The prosecution story in brief is that a case was going on between Rasidan Bibi (P.W. 3) and the informant on one side and Rasul Mian (P.W. 1) on the other. It is alleged that a title suit was also pending. Further allegation has been levelled that on 22.03.1993, the accused persons had come to the land of the informant and had started installing compressor machine. On a protest being made, the informant and his brother were assaulted with lathi and rod and when P.W. 3 had rushed to rescue them, she was also assaulted. Based on the aforesaid allegations, Haidarnagar P. S. Case No. 28 of 1993 was instituted in which after investigation charge-sheet was submitted and after cognizance was taken, charges were framed under Sections 147/323/149 and 324/149 of I.P.C. and trial proceeded.;