The Patna High Court dismissed an appeal filed by the informant against an order partially convicting respondents. The appellant alleged the trial court failed to examine a Medical Officer. The HC held the appeal was dismissed without perusing the order-sheet to verify the allegation. Appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.571 of 2013
===================================================== Akhtar Hussain, son of Late Mansoor Mian, resident of the villageSalaiya, Uchawalia, Tola-Kashiadih, P.S. Dumaria at District-Gaya. .... .... Informant/Appellant. Versus
1. The State of Bihar. 2. Qualrudo Mian, son of Late Rasul Mian. 3. Shamuddin, son of Late Rasul Mian. 4. Umar Mian, son of Abdul Mian.
5. Faruq Mian, son of Sahabuddin Mian.
6. Samsuddin Mian, son of Kamruddin Mian.
7. Seraj Mian, son of Kamruddin Mian.
8. Reyaz Mian, son of Kamruddin Mian.
9. Zakir Mian, son of Sher Muhamad Mian.
10. Enullah Mian, son of Md. Rasul Mian. All resident of village-Salaiya Uchawalia, Tola-Kasiadih, P.S. Dumaria at District-Gaya.
.... .... Respondents.
===================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE V.N. SINHA)
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2 02-07-2013 Heard.
Patna High Court CR. APP (DB) No.571 of 2013 (2) dt.02-07-2013 2/2
307, 342/34 of the Penal Code.
(V.N. Sinha, J)
Bhardwaj/-P.S.
(Rajendra Kumar Mishra, J)
2 issues framed by the court
Whether the trial court erred in not having examined the Medical Officer as alleged by the appellant without reviewing the order-sheet?
Whether the appellant's claim that the duty of the trial court was to examine the Medical Officer is tenable in face of the order-sheet?
2 provisions across 1 enactments
Akhtar Hussain
The State of Bihar
Qualrudo Mian
Shamuddin
Umar Mian
Faruq Mian
V.N. Sinha
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
