Vivekanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.183 of 2022 Arising Out of PS. Case No.-160 Year-2003 Thana- PHULPARAS District- Madhubani ====================================================== Vivekanand Yadav, Son of Late Rameshwar Yadav Resident of VillageKauriya Tole, P.S.- Phulparas, District- Madhubani. ... ... Appellant

Versus

1.

The State of Bihar 2.

Nirbhay Barnait, Son of Bindeshwar Narnait Resident of Kauriya Tole, P.S.- Phulparas, District- Madhubani.

3.

Niko Barnait, Son of Bindeshwar Barnait Resident of Kauriya Tole, P.S.- Phulparas, District- Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Lakshmindra Kumar Yadav, Advocate Mr. Prabhu Narayan Prabhakar, Advocate For the State :

Mr. Sujit Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) 12-09-2022 Heard Mr. Lakshmindra Kumar Yadav, learned counsel along with Mr. Prabhu Narayan Prabhakar, learned counsel for the appellant and Sujit Kumar Singh learned A.P.P for the State.

2. The appellant has moved the Court being aggrieved by the acquittal of the opposite parties no. 2 and 3 under Sections 379, 411, 307 and 504/34 of the Indian Penal Code.

3. Learned counsel for the appellant submitted that though there was brutal assault by the opposite parties no. 2 and

Patna High Court CR. APP (DB) No.183 of 2022(4) dt.12-09-2022 2/2 3, but they have only been convicted under Sections 341 and 323 of the I.P.C., whereas acquitted of charges under Sections 379, 411, 307 and 504/34 of the Indian Penal Code. Learned counsel submitted that there was injury on the head and thus the Court ought to have convicted the opposite parties no. 2 and 3 under section 307 of the Indian Penal Code also.

4. Learned A.P.P submitted that the judgment is well discussed and as in the Medical Report only contusion on the head and injury in the base of the little finger of the left hand caused by hard and blunt substance has been recorded, rightly the conviction has been made only under Sections 341 and 323 of the Indian Penal Code.

5. Having considered the submissions of the learned counsel for the parties and having gone through the judgment impugned and the reasoning therein, the Court does not find any ground to interfere.

6. Accordingly, the appeal stands dismissed.

(Ahsanuddin Amanullah, J) ( Purnendu Singh, J) manish/-Aditya U T