JUDGMENT :

1. Heard Mr. Arvind Kumar Choudhary, the learned counsel appearing on behalf of the petitioners in Cr. Revision No. 551 of 2012.

2. Heard Mr. Kaushal Kishor Mishra, the learned counsel appearing on behalf of the petitioner in Cr. Revision No. 185 of 2012.

3. Heard Mr. Manoj Kumar Mishra and Mr. Jitendra Pandey, learned counsels appearing on behalf of the Opposite Party-State in Cr. Revision No. 551 of 2012 and Cr. Revision No. 185 of 2012 respectively.

4. The learned trial court, vide judgment of conviction and the order of sentence dated 30.03.2005 passed by the learned Judicial Magistrate, 1st Class, Madhupur at Deoghar in G.R. Case No. 127 of 1997/T.R. No. 474 of 2005, arising out of Karon P.S. Case No. 16 of 1997 dated 26.03.1997, convicted the petitioners and Raju Mahto under Sections 149, 323 and 447 of IPC. The learned trial court further convicted Heera Mahto under Section 148 and Section 324 of IPC, further convicted the petitioners-Manager Mahto, Nepal Mahto and Raju Mahto under Section 325 of IPC and further convicted the petitionersManager Mahto, Nepal Mahto, Raju Mahto, Munna Mahto, Pappu Mahto and Kistu Mahto under Sections 147 of IPC.

5. The learned trial court sentenced the convict-Heera Mahto to undergo rigorous imprisonment for two years for the offence under Section 148 of the Indian Penal Code and the rest of the convicts (Petitioners in Cr. Rev. No. 551/2012 and Raju Mahto) to undergo rigorous imprisonment for one year for the offence under Section 147 of the Indian Penal Code. The learned trial court further sentenced the petitioners and Raju Mahto to undergo rigorous imprisonment for two years for the offence under Section 149 of the Indian Penal Code, rigorous imprisonment for six months for the offence under Section 323 of the Indian Penal Code and rigorous imprisonment for three months for the offence under Section 447 of the Indian Penal Code. The learned trial court further sentenced Heera Mahto to undergo rigorous imprisonment for two years for the offence under Section 324 of the Indian Penal Code and further sentenced the petitioners-Manager Mahto, Nepal Mahto and Raju Mahto to undergo rigorous imprisonment for three years and fine of Rs.1,000/- for the offence under Section 325 of the Indian Penal Code and in case of default in payment of fine, to undergo simple imprisonment for further one month. All the sentences were directed to run concurrently.

6. Against the Judgment passed by the learned trial court, the Petitioners in Cr. Rev. No. 551/2012 and Raju Mahto preferred Criminal Appeal No. 35 of 2005 in which the learned 2nd Additional Sessions Judge, Deoghar, vide order dated 22.12.2011, confirmed the conviction of Hira Mahto under Sections 148, 323, 447 of IPC and the conviction of Nepal Mahto and Raju Mahto under Sections 147, 323, 447 and 325 of IPC and also confirmed the conviction of Munna Mahto, Pappu Mahto and Kistu Mahto under Sections 147, 323 and 447 of IPC. However, the learned appellate court acquitted Hira Mahto from the charge under Section 324 of the Indian Penal Code and set aside the sentence of the appellants therein under Section 149 of IPC. The learned appellate court sentenced Hira Mahto to undergo rigorous imprisonment for six months for the offence under Section 148 of IPC, three months for the offence under Section 323 of IPC and one month for the offence under Section 447 of IPC. The learned appellate court sentenced Nepal Mahto and Raju Mahto to undergo rigorous imprisonment for three months for the offence under Section 147 of IPC, three months for the offence under Section 323 of IPC, one month for the offence under Section 447 of IPC and six months with fine of Rs.1,000/- for the offence under Section 325 of IPC and in default of payment of fine, to further undergo simple imprisonment for one month. The learned appellate court sentenced of Munna Mahto, Pa