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2008 Supreme(Pat) 603

SHYAM KISHORE SHARMA
Chander Nonia @ Ramchandra Nonia – Appellant
Versus
State Of Bihar And Jokhan Nonia – Respondent


Judgment

Shyam Kishore Sharma, J.

1. This revision application has been filed by the above six petitioners against the judgment dated 20.8.2001 passed by 7th Additional Sessions Judge, Rohtas, Sasaram in Cri. Appeal No. 193/03 of 1987/98 affirming the judgment of conviction and sentence dated 11.8.1987 passed by Judicial Magistrate, IInd Class, Rohtas, Sasaram in G.R. Case No. 2567 of 1982/Trial No. 146 of 1987 by which the petitioners were convicted and sentenced under Section 324/ 34 of the Indian Penal Code to undergo simple imprisonment for six months.

2. Heard learned counsel for the petitioners and learned A.P.P. None appears on behalf of opposite party no.2 in spite of repeated calls though he has appeared through vakalatnama.

3. The prosecution case, in short, is that on 20.11.1982 when the accused persons were cutting the paddy crops in the field of the informant Jokhan Nonia, he asked them not to do the same. Upon which the accused persons assaulted the informant with bhala and farsa and when Arjun Nonia, cousin of the informant, came to rescue him, he has also assaulted by the accused persons and accused persons harvested the paddy crops of worth Rs. 400/-. On the basis o









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