JUDGMENT :

Heard Mr. Lakhan Chandra Roy, the learned counsel appearing on behalf of the petitioners.

2. Mr. Sardhu Mahto, the learned A.P.P. appearing on behalf of the Opposite Party-State.

3. The present criminal revision petition is directed against the Judgment dated 03.04.2012 passed by the learned 2nd Additional Sessions Judge, Deoghar in Criminal Appeal No.187 of 2006 whereby and whereunder the learned appellate court - confirmed the conviction of Jasai Soren, Shyamlal Soren, Bhola Marandi and Bhonda Soren under Sections 148, 323 and 379 of the Indian Penal Code, and modified and reduced their sentences to Simple Imprisonment for three months under Section 148 of the Indian Penal Code, Simple Imprisonment for one month under Section 323 of the Indian Penal Code and Simple Imprisonment for three months under Section 379 of the Indian Penal Code.

modified and convicted the rest petitioners under Section 147, 323 and 379 of the Indian Penal Code.

and sentenced them to undergo Simple Imprisonment for two months under Section 147 of the Indian Penal Code, Simple Imprisonment for one month under Section 323 of the Indian Penal Code and Simple Imprisonment for three months under Section 379 of the Indian Penal Code and all the sentences were directed to run concurrently.

4. The learned trial court vide Judgment of conviction and the order of sentence dated 30.11.2006 passed by the learned Judicial Magistrate, 1st Class, Deoghar, in P.C.R. case No.471 of 2001/T.R. No. 1077 of 2006 had convicted all the petitioners under Sections 148, 323 and 379 of the Indian Penal Code and had sentenced them to undergo Simple Imprisonment for one year under Section 148 of the Indian Penal Code, Simple Imprisonment for one year under Section 323 of the Indian Penal Code and Simple Imprisonment for three years under Section 379 of the Indian Penal Code and all the sentences were directed to run concurrently and the period undergone in custody by them during trial was directed to be set off.

5. Altogether 14 persons were convicted by the learned trial court and all the 14 persons had filed common criminal appeal before the learned appellate court being Criminal Appeal No.187 of 2006 whose final judgment is subject matter of the present criminal revision.

6. From the cause title of the present criminal revision petition, this Court finds that initially names of 14 persons were mentioned, but the name of Lakhi Marandi was deleted and the numbering of the petitioners was accordingly altered. The total number of petitioners in the present case were only 13 except Lakhi Marandi. During the pendency of the present criminal revision, Bishu Soren, Bhola Marandi, Kali Marandi and Bhonda Soren i.e., Petitioners No.4, 9, 10 and 12 have expired and their names have been struck off from the cause title vide order dated 23.08.2021 passed by this Court.

7. Out of the surviving petitioners, Jasai Soren and Shyamlal Soren i.e., Petitioners Nos.1 & 2 of the present criminal revision petition are the persons convicted for the offence under Sections 148, 323 and 379 of the Indian Penal Code and the present age of Petitioner No.1 is about 48 years and Petitioner No.2 is about 65 years and the rest of the surviving petitioners have been convicted for the offences under Sections 147, 323 and 379 of the Indian Penal Code.

8. This Court also finds that Petitioners Nos. 2, 13, 6, 7, 8, 9 & 10 had surrendered before the learned Court below on 30.08.2012 and petitioner Nos. 1, 3, 4, 5, 11 & 12 had surrendered before the learned Court below on 03.09.2012. It further appears that although one person namely, Lakhi Marandi was convicted by the learned Court below, he did not surrender either on 30.08.2012 or on 03.09.2012 and his present status is not reflecting from the records of the present case.

9. The prosecution case based on complaint petition. The allegations were that on 08.09