Parsuram Yadav v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.268 of 2009 ====================================================== PARSURAM YADAV son of Bishundeo Yadav, resident of Village-Khagaria (Gangiya) PS-Gangour, Distt-Khagaria.

... ... Appellant/s

Versus

STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ram Sumiran Rai, Advocate For the Respondent/s :

Mr. Satya Narayan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT 12-12-2018 Gone through the judgment impugned which has been pronounced by the Assistant Sessions Judge-2nd, Civil CourtKhagaria relating to Sessions Trial No. 51/2008 dated 06.03.2009 whereby and whereunder the appellant has been sentenced to undergo RI for three years as well as to pay fine appertaining to Rs. 3000/- in default thereof, to undergo SI for three months under Section 326 of the IPC as well as, RI for 2 years as well as to pay fine of Rs. 2000/- in default thereof, to undergo SI for 3 months, additionally for an offence punishable under Section 27 of the Arms Act and that being so, the instant appeal would not lie before the High Court as provided under Section 374(2) of the CrPC, instead thereof, ought to have been preferred before the Sessions Judge, Khagaria. Because of the fact that none appears on behalf of the

Patna High Court CR. APP (SJ) No.268 of 2009 dt.12-12-2018 2/2 appellant, the office is directed to transmit the instant memo of appeal with lower court records to the learned Sessions Judge, Khagaria who will notice the appellant and in case of his appearance, will proceed in accordance with law. In terms thereof, the appeal is disposed of.

(Aditya Kumar Trivedi, J) perwez AFR/NAFR NAFR CAV DATE N/A Uploading Date 12.12.2018 Transmission Date 12.12.2018