Rakesh Choubey v. The State Of Bihar And ORS

Patna High Court CR. APP (DB) No.1192 of 2016 (9) dt.23-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.1192 of 2016 Arising Out of PS.Case No. -168 Year- 1991 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Rakesh Choubey son of Late Subhash Choubey resident of village Dalsagar P.S. Buxar Industry Dist Buxar .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Alok Kumar Jha For the Respondent/s : Mr. Zeyaul Hoda ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 23-02-2018

1. Heard learned counsel for appellant as well as learned Addl. Public Prosecutor for the State.

2. Appellant has challenged the judgment dated 26.8.2016 passed in Sessions trial no. 72/1999 by which and whereunder learned Addl. Sessions Judge VI, Buxar convicted respondent no.3 for the offence punishable under section 324 of the Indian Penal Code and sentenced him to undergo simple imprisonment for one month and also to pay fine of Rs 20,000/- as compensation to the widow of injured Subhash Choubey whereas respondent nos.2, 4, 5, 6, 7 and 8 were acquitted of the charges giving benefit of doubt.

3. The grievance of appellant is that learned trial court

Patna High Court CR. APP (DB) No.1192 of 2016 (9) dt.23-02-2018 failed to convict respondent nos.2 to 8 under appropriate section and learned trial court awarded lesser punishment to the respondent no.3.

4. Learned counsel appearing for the appellant tried to convince us about illegality and irregularity committed by the learned Addl. Sessions Judge but we are not at all convinced with the submissions advanced on behalf of the appellant.

5. Appellant happens to be son of the informant and no leave petition has been filed for filing this criminal appeal. Moreover, considering the facts and circumstances of the case as well as submissions of the parties, we do not find any ground to interfere into the impugned judgment. Accordingly, this appeal stands dismissed on admission stage itself.

(Hemant Kumar Srivastava, J) (Rajendra Kumar Mishra, J) Shahid/- U T