Chunchun Kunwar And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.563 of 2014 Arising Out of PS.Case No. 69 Year- 2002 District- DARBHANGA ===========================================================

1. Chunchun Kunwar, Son of Late Shambhunath Kunwar

2. Gauri Kunwar @ Gauni Shankar Kunwar, Son of Harichandra Kunwar

3. Murari Kunwar @ Murari Mohan Kunwar, Son of Late Amarnath Kunwar

4. Rajan Kunwar, Son of Harischandra Kunwar

5. Dinanath Kunwar Son of Late Bhola Kunwar

6. Dilip Kunwar @ Dilip Kr. Kunwar, son of late Rambhakt Kunwar All Resident of Village - Gangapatii, P.S.- Bahadurpur, District- Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shrawan Ram, Son of Mahendra Ram All Resident of Village - Gangapatii, P.S.- Bahadurpur, District- Darbhanga .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Jha, Adv. For the State : Mr. Sadanand Paswan, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 29-09-2015 Heard learned counsel for the Petitioners and the State. The Petitioners seek revision of the Judgment and order dated 21.5.2014 by which the Special Judge, Scheduled Castes and Scheduled Tribe (Prevention of Atrocities Act) passed in S.C. and S.T. Case No. 12 of 2014 arising out of Bahadurpur P.S. Case No. 69 of 2002, convicted the Petitioners under Section 323 Cr. P.C. to release them on probation of Offenders Act, even though, no charge under the said Section was framed.

Having considered that even if the charge was not

Patna High Court CR. REV. No.563 of 2014 dt.29-09-2015 2/2 framed under the said Section, no prejudice was caused to the Petitioners since they had cross-examined the witnesses on this point, I see no reason for interference.

The application stands dismissed.

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