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2007 Supreme(Jhk) 291

AMARESHWAR SAHAY
SOMAR RANA – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates Appeared:
A.S.DAYAL, R.R.Srivastava

Judgment :

( 1 ) THIS revision application is directed against the Judgment dated 31st july 1998, passed by the 1st Additional Sessions Judge, giridih in Cr. Appeal No. 52 of 1993 whereby the learned Additional Sessions Judge dismissed the appeal and affirmed the conviction and sentence passed by the trial Court. The trial Court by its judgment dated 30th August 1993 had convicted the petitioners and one another for the offence under Sections 143 and 379 of the indian Penal Code and they were sentenced to undergo R. I. for a period of two months for the offence under Section 143 IPC and r. I. for a period of six months for the offence under Section 379 IPC.

( 2 ) THE prosecution case, in short, is that the informant, who was the Bataidar of the land of Jagdish Sao being Khata No. 1, Plot nos. 73, 74, 75, 76 and 77 area measuring one acre, had grown paddy crop over the said plots. It is said that on 24-10-1976 at about 4. 00 p. m. Bandhu Rana and eight others by forming unlawful assembly, armed with deadly weapons came to the field and forcibly harvested the paddy crops grown by the informant causing loss to him to the tune of Rs. 350/ -. When the informant protested, he was threate









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