JUDGMENT

Rongon Mukhopadhyay, J. – Heard Mr. A. K. Sahani, learned counsel, appearing for the petitioners and Mr. Shekhar Sinha, learned APP for the State.

2. This application is directed against the judgment dated 30.11.2007 passed by learned Additional Sessions Judge, F.T.C. II, Seraikella in Cr. Appeal No. 37 of 2006, whereby and whereunder, the judgment of conviction and the order of sentence dated 31.08.2006 passed by learned Judicial Magistrate, 1st Class, Seraikella in C/1 Case No. 12 of 2000 (T.R. No. 895 of 2006), convicting the petitioners for the offences punishable u/s 147/ 323 of the Indian Penal Code and sentencing them to maximum period of six months S.I., has been affirmed.

3. The prosecution story in brief is that on 09.01.2000 at about 7 a.m. when the complainant was in his home, the accused persons had come and used filthy language. The brother of the complainant had protested at which one Basant Jyotishi as well as petitioner No. 4 had come with deadly weapons and had threatened the complaint and his younger brother. It has been alleged that Basant Jyotishi ordered the other accused persons to commit assault as a result of which an arrow grazed the uncle of the c