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2021 Supreme(Jhk) 266

ANUBHA RAWAT CHOUDHARY
Hiralal Sahu – Appellant
Versus
State of Jharkhand – Respondent


JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard Mr. Rajesh Singh, learned counsel appearing on behalf of the petitioners.

2. Heard Ms. Ruby Pandey, learned counsel appearing on behalf of opposite party-State.

3. The present criminal revision is directed against the judgment dated 21.01.2012 passed by the learned Additional Judicial Commissioner-I, Khunti in Cr. Appeal No. 114/2010. The appellate court has dismissed the appeal so far as offence under section 323 IPC is concerned, though with modification of sentence. The sentence under Section 323 of IPC was reduced from rigorous imprisonment of six months to rigorous imprisonment of three months on the ground that the offence was the first offence of the petitioners. The learned appellate court has also set-aside the conviction of the petitioners for alleged offence under Sections 325 and 341 of the Indian Penal Code.

4. The judgment of conviction was passed by the learned Sub-Divisional Judicial Magistrate, Khunti vide judgment dated 24.07.2010 convicting the petitioners for offence under Sections 341/323/325 of the Indian Penal Code in G.R. Case No. 262/2006 in T.R. No. 218/2010 arising out of Torpa P.S. Case No. 22/2006 dated 10.05.20

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