IN THE HIGH COURT AT CALCUTTA
Baneshwar Mahato – Appellant
Versus
Bishnupada Mahato – Respondent
JUDGMENT
Ananya Bandyopadhyay, J.:-
1. The instant revisional application has been filed by the petitioner against the order dated 06.05.2000 passed by the Learned Additional Sessions Judge, Purulia in Criminal Appeal No.28 of 1996 (G.R. Case No.1173/90 & T.R. No.22/92), acquitting all the 8 co-accused of all the charges but confirming the order of conviction and sentenced passed by the Learned Judicial Magistrate, 3rd Court, Purulia on 24.06.96 convicting the petitioner under Section 148 read with Section 236 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.1000/- in default to suffer further rigorous imprisonment of 3 months under Section 326 of the Indian Penal Code, no separate sentence had been passed under Section 148 of the Indian Penal Code and also directing that half of the entire amount of fine if realized be paid to the injured i.e. Opposite Party No.1 by way of compensation.
2. The prosecution case precisely stated on 08.08.1990 at about 09:30 to 10:00 a.m., the 9 accused persons including the petitioner being armed with deadly weapons and by forming an unlawful assembly trespassed into the ‘Khamar Bari’ of the
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