IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.683 of 2008 GAURI NANDAN MAHTON & ORS Versus THE STATE OF BIHAR ----------- 3 31.7.2008 Heard learned counsel for the appellants and learned Additional public prosecutor for the State of Bihar. All the eleven appellants as above have been convicted and sentenced by Addl Sessions Judge, FTC 1, Lakhisarai for offences under sections 147 and 323 of the Penal code in Sessions Case no. 232 of 1997 and released them on due admonition under section 3 of the Probation of Offenders Act. The complainant stated that when on 23.5.1993 in the evening he was returning from his field, he saw 20-25 persons sitting at the door of appellant no.11, namely, Biranchi Mahton and when he reached near Primary School of the village, the accused persons tried to restrain him but however he succeeded in fleeing away in a Tractor, co-accused Ramji Yadav ordered to fire. The complainant hid in a bamboo clumps and thus saved himself and later on escaped to his house. Thereafter, accused persons came to his house and started firing but they fled away after villagers intervened. They damaged the Tractor by bricks and lathi, punctured its tyres and took away four bulbs and battery of the tractor. The complainant’s uncle complained to the police but they did not institute a case then complainant along with his father went to the police station to lodge the case but still no complaint was accepted. It appears that on consideration of offence, the trial court - 2 - acquitted all the appellants of the charges under section 148, 427 and 307 of the penal code, however, he passed judgment of conviction under sections 147 and 323 of the penal code and released them on admonition giving benefit of Probation of Offenders Act. Learned judge also found the allegation of firing to be false against the appellants. There is no evidence that accused appellant assaulted the complainant or any member of the prosecution side. In the circumstances, this court finds that no case for offences under sections 147 and 323 of the penal code is made out against the appellants, as such, their conviction by the trial court under judgment dated 19.5.2008 is set aside. The appeal is accordingly allowed. Shashi. (S.P.Singh,J).