Ranjan Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.457 of 2018 Arising Out of PS. Case No.-226 Year-2003 Thana- CHAUTHAM District- Khagaria .........

{Arising out of Judgment of conviction and sentence order dated 06.02.2018 passed by the Fast Track Court-I, Khagaria, in Sessions Trial No. 354 of 2005/Trial No.345 of 2018}. ====================================================== Ranjan Paswan, son of Yogendra Paswan, resident of village-Nauranga, P.S. Chautham, District-Khagaria.

... ... Appellant.

Versus

1. The State of Bihar.

2. Naresh Paswan, son of Late Basudeo Paswan.

3. Rajniti Paswan, son of Late Nago Paswan.

4. Hareram Paswan, son of Late Nago Paswan.

5. Sahab Paswan, son of Late Nago Paswan.

All are resident of village-Nauranga, P.S. Chautham, District-Khagaria. ... ... Respondents.

====================================================== Appearance :

For the Appellant :

Mr. Bhaskar Shankar, Advocate.

For the State :

Mr. Ashwani Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 17-04-2018 Heard learned counsel for the appellant and the learned Additional Public Prosecutor appearing for the State.

2. The appellant has preferred this criminal appeal against the Judgment of conviction and sentence order dated 06.02.2018 passed by the Fast Track Court-I, Khagaria, in Sessions Trial No.354 of 2005/Trial No.345 of 2018, by which and whereunder he convicted the respondent no.2, namely,

Patna High Court CR. APP (DB) No.457 of 2018 dt.17-04-2018 2/2 Naresh Paswan, for the offence punishable under Section 325 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years, whereas convicted the remaining respondents for the offence punishable under Section 323 of the Indian Penal Code and they were released after due condemnation under Section 3 of the Probation of Offenders Act.

3. The grievance of the appellant is that the learned trial court wrongly acquitted the respondent nos.2 to 5 of the charge framed against them under Section 307 of the Indian Penal Code and also awarded lesser punishment to them but having perused the impugned Judgment, we do not find any ground to interfere into the impugned Judgment and, accordingly, this criminal appeal stands dismissed on the admission stage itself.

(Hemant Kumar Srivastava, J) ( Rajendra Kumar Mishra, J) Pradeep Srivastava/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.04.2018.

Transmission Date 21.04.2018.