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2011 Supreme(Pat) 1557

AMARESH KUMAR LAL
Ram Balak Mahto – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Amaresh Kumar Lal, J.

1. The accused-petitioners have preferred this revision application against the judgment and order dated 20.12.2001 passed by 5th Additional Sessions Judge, Samastipur passed in Cr. Appeal No.116/97 by which judgment and order dated 10.09.1997 passed in C.R.No.366/95/370/97 has been confirmed and the appeal has been dismissed. Heard learned counsel for the petitioners and learned counsel for the State. No one appears on behalf of the opposite party no.2.

2. The facts for the purpose of disposal of the case is that the complainant opposite party no.2 filed a complaint case alleging therein that both the petitioners abused and assaulted the complainant and also torn away his Dhoti and damaging his vegetable crops worth Rs.150/- and Rs.100/- respectively. On the alarm being raised, witnesses came there on the spot and show the occurrence. After inquiry, cognizance was taken under Sections 447, 427 and 323 of the I.P.C. After trial, the petitioners were held guilty vide order dated 10.09.1997 and were convicted and sentenced to simple imprisonment for 3 months each under Section323 of the I.P.C. and 6 months each under Section 427 of the I.P.C. and both t

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