Judgment :

ANIL R. DAVE, J.

1) Being aggrieved by an order dated 8th September, 2005 passed by the High Court of Jharkhand at Ranchi in Criminal Revision No.788 of 2005, whereby the order of conviction of the appellant was confirmed by the High Court, the appellant has filed this appeal. By virtue of the impugned order, the appellant was sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.500/-, in default to undergo rigorous imprisonment for a period of two months has been confirmed.

2) This appeal was initially heard by this court but after hearing the appeal, one of the learned judges was of the view that the appellant could not have been convicted for committing an offence under Section 493 of the Indian Penal Code (for short ‘the IPC’), whereas the said view was not accepted by another learned judge.

3) In the afore-stated circumstances, the appeal was placed before the Hon’ble Chief Justice, who referred it to a three-judge Bench and, therefore, it had been placed before us.

4) As the facts have been duly discussed by both the learned judges in their respective orders, we narrate the same in a nutshell. According to the case of th