Ram Shankar Jha v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.880 of 2004 ====================================================== Ram Shankar Jha, son of Rajendra Jha, resident of village Kapasia, P.S. Arer, Distt. Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sanjeev Kumar Jha

3. Rajeev Kumar Jha Both sons of Shyam Kumar Jha

4. Shyam Kumar Jha, son of late Uma Kant Jha All Opposite Parties No. 2 to 4 are resident of village Kapasia, P.S. Arer, Distt. Madhubani.

.... .... Respondent/s ====================================================== with Criminal Revision No.69 of 2006 Arising Out of PS.Case No. -0 Year- null Thana -null District- MADHEPURA ====================================================== Shyam Kumar Jha, son of late Uma Kant Jha, resident of village Kapasia, P.S. Arer, Distt. Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Ram Shanker Jha, son of Rajendra Jha

3. Rajendra Jha, son of late Shobha Kant Jha Both residents of village Kapasia, P.S. Arer, Distt. Madhubani. .... .... Respondent/s ====================================================== Appearance :

(In CR. REV. No.880 of 2004) For the Petitioner/s : Mr. Rikesh Kumar, Adv. For the State : Mr. Suraj Pd. Sinha, Adv. (In CR. REV. No.69 of 2006) For the Petitioner/s : Mr. Suraj Nr. Pd. Sinha, Sr. Adv. Mr. Hemant Kr. Jha, Adv.

For the Opposite Party : Mr. Rikesh Kumar, Adv. For the State : Mr. Rob. Roy 'Raman', A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-07-2015 Heard learned counsel for the Petitioners and the State. The Petitioners seek Revision of the Judgment dated

Patna High Court CR. REV. No.880 of 2004 dt.31-07-2015 2/2 29.10.2004 by which the Additional Sessions Judge F.T.C. III, Madhubani, in Sessions Trial No. 251 of 1997/262 of 2002 convicted the Opposite Parties No. 2 to 4 under Section 323 Indian Penal Code even though, there was grievous injury.

On going through the Judgment, there is no doubt that the injured had sustained grievous injury in which circumstances the Appellate Court had committed an error of fact as of law. However, since the occurrence had taken place in the year 1997 i.e. 18 years ago, I am not inclined to interfere in the matter.

The application stands dismissed.

(Anjana Prakash, J) S.Ali/- U T