Bhola Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.382 of 2015 Arising Out of PS.Case No. -152 Year- 2011 Thana -SHEOHAR District- SHEOHAR =========================================================== Bhola Raut Son of Late Somal Raut Resident of village - Harnahi, P.S. Sheohar, District - Sheohar .... .... Appellant
Versus
The State of Bihar .... .... Respondent =========================================================== Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT Date: 14-11-2017 Learned counsel for the appellant is not present. However, Sri Amrendra Kumar, Advocate has come up to pray for an adjournment.
With the assistance of learned Additional P.P., judgment impugned as well as L.C. record has minutely been gone through. From the judgment impugned, it is evident that same has been passed by the Assistant Sessions Judge, Sheohar relating to Sessions Trial No.379 of 2012/2 of 2014 whereby and where under appellant Bhola Raut has been found guilty for an offence punishable under Section 307 I.P.C., 324 I.P.C. and 341 I.P.C. for which, he has been directed to undergo R.I. for five years as well as to pay fine appertaining to Rs.5,000/- in default thereof to undergo R.I. for six months,
Patna High Court CR. APP (SJ) No.382 of 2015 dt.14-11-2017 2/2 additionally, R.I. for three years, S.I. for one month respectively. In terms of Section 374(2) of the Cr.P.C., the conviction and sentence having been passed by the Court otherwise the Additional Sessions Judge or Sessions Judge inflicting sentence up to seven years is appealable before the learned Sessions Judge. That being so, instead of filing this appeal before this Court, the appellant should have filed the appeal before the learned Sessions Judge and this appeal, is disposed of observing like so. However, it is made clear that in case of filing of appeal before the learned Sessions Judge within four weeks will not be encroached upon by law of limitation otherwise, appellant will have to explain the same.
(Aditya Kumar Trivedi, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 15-11-2017 Transmission Date 15-11-2017