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2021 Supreme(Jhk) 186

SHREE CHANDRASHEKHAR
Madan Mohan Tiwary, son of late Satya Narayan Tiwary – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Arun Kumar Pandey, Advocate
For the Opposite Party : Mrs. Priya Shreshtha, Spl.PP

ORDER :

Criminal Revision No.1210 of 2015 has been preferred by the accused/convicts against the judgment dated 26.06.2015 passed in Criminal Appeal No.39 of 2010.

2. Nitesh Kumar Mishra, Madan Mohan Tiwary and Basant Tiwary were convicted and sentenced to S.I for six months under section 323/34 of the Indian Penal Code and S.I for one month under section 341/34 of the Indian Penal Code by the judgment dated 19.01.2010 in G.R. Case No.1283 of 2005/Tr. Case No.333 of 2010.

3. The appeal preferred by Nitesh Kumar Mishra against the judgment of his conviction in Tr. Case No. 333 of 2010 was allowed. Criminal Appeal No.39 of 2010 qua the appellant, namely, Madan Mohan Tiwary and Basant Tiwary was partly allowed and their conviction under section 341/34 of the Indian Penal Code was set-aside. Further, these convicts were granted benefit under section 4 of the Probation of Offenders Act and the appellate Court directed their release instead of requiring them to serve the sentence on their furnishing bond of Rs.5,000/- each and on the condition to maintain peace and good behaviour for one year.

4. Criminal Revision No.1751 of 2017 has been filed by Binod Lodhi on whose written complaint Sonar

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