Shree Chandrashekhar, J. - (1.) Lower court records have been received.
(2.) The petitioner, who along with his brother and his father faced the trial in G.R. No.54 of 2003 corresponding to T.R. No.434 of 2010, is aggrieved of the judgment dated 11.10.2012 in Cr. Appeal No.13 of 2010 by which the order of conviction in T.R. No.434 of 2010 passed by the Judicial Magistrate 1st Class, Koderma has been affirmed by the District and Additional Sessions Judge-I, Koderma in Cr. Appeal No.13 of 2010.
(3.) Briefly stated, on an allegation that the accused persons have assaulted the complainant and his sister and snatched Rs.500/- from the complainant, a First Information Report was lodged and after investigation charge-sheet was submitted on 28.02.2003 against the accused persons for the offences punishable under Sections 341, 323, 504/34 IPC. During the trial, three witnesses including the complainant were examined on behalf of the prosecution. Copies of the judgment in C. Case No.329 of 1998 and the appellate order in the criminal revision petitions preferred by the sister of the petitioner and the complainant of this case, and the proceeding in Misc. Case No.13 of 2003 were produced in the proceeding of T.R. No.434 of 2010. The trial court on the basis of the evidences led by the parties came to a conclusion that the prosecution has failed to establish case against the accused-Sanjay Kumar and Jagdish Prasad Swarnkar, however, the petitioner was found guilty of the offence under Section 323 IPC. By an order of sentence dated 27.04.2010 the petitioner has been extended benefit under Section 3 of the Probation of Offenders Act, on admonition.;