- (1.) HEARD learned counsel for the appellants and learned counsel for the respondent.
(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 31.1.2002 passed by Shri Binay Kumar Sinha, learned Sessions Judge, Jamtara in Sessions Case No. 595 of 1992 by which judgment learned Sessions Judge found the appellant No. 1 Manager Kisku guilty under Section 448 of the Indian Penal Code and sentenced to undergo R.I. for one month and also found guilty under Section 324 of the Indian Penal Code and directed him to undergo R.I. for six months. He also found appellant No. 2 Chunnu Tudu guilty under Section 323 of the Indian Penal Code and sentenced to release after due admonition and under Section 448 sentenced him also to R.I. for one month. It is submitted by learned counsel for the appellant that the entire prosecution case is false and fabricated. The prosecution case has been started only by the informant and her husband PW 3 and nobody has supported the prosecution case and the witnesses admitted that the land in question was in possession of the appellant, since it was his paternal property and claim of the informant that she was living in the house is not correct and filed this case only to create an evidence in her favour and as such both the appellants should be acquitted.
(3.) ON the other hand learned counsel for the State has submitted that although the PW 3 the husband of the informant has admitted that the case filed by the appellant before the Sub Divisional Officer that he was evicted from the land but still they have succeeded in proving the charges against the appellants under Section 324 of the IPC and other section of IPC against the appellants.;