JUDGMENT

Arijit Pasayat, J. - Appellant calls in question legality of the judgment rendered by a Division Bench of the Jharkhand High Court dismissing Letters Patent Appeal filed by the appellant.

2. Background facts as projected by appellant in a nutshell are as follows :

The respondent who was working as Assistant Store Keeper, was in unauthorized occupation of quarter belonging to the appellant-company. A suit for vacation was filed by the appellant which was decreed in his favour. When the Town Warden (Sri A.K. Banerjee) went to execute the decree along with Nazir of Civil Court he was assaulted by fists and bricks. Shri A.K. Banerjee, suffered serious injuries. In the domestic inquiry the respondent was found guilty of misconduct and was dismissed from service. With reference to alleged incident on 17.10.1984, First Information Report was lodged alleging commission of offences punishable under Sections 311 and 307 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). Allegation was that the respondent as well as others on his instigation assaulted Shri A.K. Banerjee and he was also threatened with dire conseqences. On 23.10.1984 charge sheet-cum-notice of inq