JHARKHAND HIGH COURT ISSUES ORDER ON PARMESHWAR THAKUR AND ORS. V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, May 7 -- Jharkhand High Court issued the following order on April 6:

1. Heard learned counsel for the petitioners as well as learned A.P.P. for the state.

2. Instant Criminal Revision is directed against the judgment dated 11.06.2014 passed by learned Addl. Sessions Judge-I, Bermo at Tenughat in Criminal Appeal No. 19 of 1992, whereby and whereunder the learned appellate court has dismissed the appeal filed by the petitioners against the judgment of conviction and order of sentence dated 18.04.1992 passed by learned Judicial Magistrate, 1st Class, Bermo at Tenughat in Complaint Case No. 184 of 1989 / T.R. No. 862 of 1992 , whereby and whereunder the petitioner no. 01 has been held guilty for the offences under Sections 143, 147 & 379 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for one month for the offence under section 143 & 427 of the I.P.C and R.I. for two months for the offence under Section 379 of the I.P.C. and the petitioner nos. 02 to 06 have been held guilty for the offences under Sections 143 & 427 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for one month each. All the sentences shall run concurrently.

2. The prosecution case was instituted on the basis of complaint petition filed by the complainant alleging that the said land was purchased by father of the complainant in the year 1929. After the death of his father about 40 years back, the complainant came into possession of the said land and erected boundary wall surrounding the said land. A well was also excavated and a brick kiln for manufacturing of the bricks was established by the complainant. The complainant also started growing crops and vegetables. On the date of occurrence, the petitioners including co-accused persons forcibly armed with weapons came to the said land and destroyed the crops and bricks worth Rs. 50 was stolen and some part of the boundary was also damaged due to land dispute between the parties.

3. On the basis of above, complaint case No. 184 of 1989 was filed on 23.10.1989, for the offences under Sections 143, 147, 427 & 379 of the Indian Penal Code against 14 accused persons.

4. After the inquiry, the cognizance was taken against the accused persons. Charges were framed against the petitioners for the offence under Sections 143, 427 & 379 of the I.P.C. on 12.03.1991. Charges were read over in Hindi and explained to them, to which they pleaded not guilty and claimed to be tried.

5. The learned trial court after considering the oral as well as documentary evidence adduced by the prosecution and after hearing the parties, found the petitioners guilty for the offence under Sections 143, 427 & 379 of the I.P.C and sentenced them accordingly.

6. Against the above judgment of conviction and sentence, the petitioners preferred an appeal bearing Cr. Appeal No. 19 of 1992 before the court of learned Sessions Judge, Bermo at Tenughat, wherein the appellate court affirmed the judgment of conviction and sentence passed by the learned trial court. In the instant revision, the petitioners have challenged the judgment passed in Criminal Appeal No. 19 of 1992.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOK7LzPMWb64gKbpFSuT%2FWhYZYkN6Y%2BmuqWLlzgORsf2q&caseno=Cr.Rev./1211/2017&cCode=1&cino=JHHC010281662017&state_code=7&appFlag=)

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