Rajesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.41 of 2018 Arising Out of PS.Case No. -6 Year- 2016 Thana -BELCHHI District- PATNA ======================================================

1. Rajesh Kumar Singh S/o Vijendra Parasad, R/o Village- Dariyapur, P.S.- Belchi, District- Patna.

.... .... Appellant/s

Versus

1. The State of Bihar.

2. Birmani Yadav S/o Nandkishor Yadav, R/o Village- Dariyapur, P.S.- Belchi, District- Patna.

3. Chandramani Devi W/o Nandkishor Yadav, R/o Village- Dariyapur, P.S.- Belchi, District- Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rakesh Kumar Sharma For the Respondent/s : Mr. Sri Dilip Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 19-06-2018 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor for the State on the point of admission.

The grievance of the appellant is that the respondent no. 2 and 3 were charged for the offence punishable under section 302/34 of the Indian Penal Code but the learned trial court convicted the respondent no. 2 only for the offence punishable under section 326 of the Indian Penal Code whereas acquitted the respondent no. 3, particularly, in the circumstance

Patna High Court CR. APP (DB) No.41 of 2018 (5) dt.19-06-2018 2/2 when there was sufficient evidence available on the record to show that the deceased was killed by the respondent no. 2 and 3. From perusal of the impugned judgment, we find that the learned trial court dealt with the evidences on the record in proper way and came to the conclusion that the respondents had no intention to kill the deceased and the occurrence took place on account of simple quarrel and in the aforesaid quarrel the respondent no. 2 gave iron rod causing head injury to the deceased which became fatal to her. The trial court has discussed all the pros and cons and we do not find any ground to interfere into the impugned judgment because there is no perversity or illegality in the impugned judgment.

Accordingly, this criminal appeal stands dismissed on admission stage itself.

(Hemant Kumar Srivastava, J) (Rajendra Kumar Mishra, J) N.K/- U