Dismissed

Budhai Raut v. The State Of Bihar and Ors.

Patna HC8 Jul 2013CR. APP (DB)/1063/2012

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court of Patna dismissed the appeal filed by the informant challenging the conviction for culpable homicide not amounting to murder and other offenses. The court refused to upgrade the charge to murder and held no interference with the judgment was warranted.

What did the court decide?

The appeal is dismissed; the conviction and sentences of the respondents are upheld.

Budhai Raut Vs The State Of Bihar and Ors. — Murder and Culpable Homicide | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (DB) No.1063 of 2012

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======================================================

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Budhai Raut, S/O Shankar Raut, Resident of Village Iddu Tola, Bahuarwa, Police Station Sathi, District West Champaran.

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.... .... Appellant Versus

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The State Of Bihar.

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Rakesh Raut, S/O Pinto Raut, Resident Of Village Iddu Tola Bahuarwa, Police Station Sathi, District West Champaran.

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Sandesh Raut S/O Sukhal Raut Resident Of Village Iddu Tola Bahuarwa, Police Station Sathi, District West Champaran. 4. Sukhal Raut S/O Bikram Raut Resident Of Village Iddu Tola Bahuarwa, Police Station Sathi, District West Champaran.

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Pintoo Raut S/O Bikram Raut Resident Of Village Iddu Tola Bahuarwa, Police Station Sathi, District West Champaran.

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.... .... Respondents

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====================================================== Appearance : For the Appellant : Mr. Shiv Kumar Dwivedy, Adv. For the Informant : Mr. Mukesh Kumar, Adv. For the State : Mr. S.B. Kumar, A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and

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HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE V.N. SINHA)

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6 08-07-2013 Heard.

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Informant of Sathi P.S. Case No. 9 of 2009 dated 25.01.2009 has filed this appeal assailing the judgment dated 29.08.2012 passed in Sessions Trial No. 299 of 2009, whereunder respondent no. 2 has been convicted for the offence under Section 304 part-II of the Penal Code and sentenced to undergo R.I. for five years with fine of Rs. 5,000/- in default of payment of fine to undergo further R.I. for one month. The other respondent nos. 3 to

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Patna High Court CR. APP (DB) No.1063 of 2012 (6) dt.08-07-2013

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5 have been convicted for the offence under Sections 323 and 342 of the Penal Code and directed to undergo sentence of R.I. for six months, under both counts. The sentences, however, have been directed to run concurrently.

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It is submitted on behalf of the informant that respondent no. 2 having inflicted Barchi injury on the lower abdomen of the deceased should have been convicted for the offence under Section 302 of the Penal Code, but the trial court wrongly concluded that lower abdomen is not a vital part of human body and erred in convicting respondent no. 2 for lessor offence under Section 302 part II and has also been lenient in imposing sentence.

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We regret not to accept such submission in view of the categorical prosecution case that only one injury was inflicted on the person of the deceased in the lower abdomen, lower abdomen may be a vital part of the body but there is no repetition of blow by respondent no. 2.

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In the circumstances, we are not inclined to interfere with the impugned judgment. The appeal is dismissed.

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(V.N. Sinha, J)

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Bhardwaj/Safik

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(Rajendra Kumar Mishra, J)

Budhai Raut v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Budhai Raut v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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