Meena Devi and Ors. v. State of Bihar
Case brief
What is this about?
In Criminal Revision No.54 of 2003, the Patna High Court modified the sentence of three petitioners convicted under Section 47(a) of the Excise Act, noting procedural deficiencies in the prosecution case, and discharged them as they were on bail.
What did the court decide?
Sentence modified; petitioners on bail discharged from liability.
What the court decided
A compact analysis
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 Revision No.54 of 2003
=========================================================== 1. MEENA DEVI, WIFE OF KRISHNA CHOUDHARY. 2. JAI PRAKASH @ JAI PRAKASH PRASAD, SON OF BAIDYA NATH PRASAD. BOTH ARE RESIDENT OF VILLAGE-MAUANA, POLICE STATIONTOWN CHAPRA, DISTRICT-SARAN. 3. AMBIKA RAI, SON OF RAJESHWAR RAI, RESIDENT OF VILLAGESHEO TOLA, POLICE STATION-MUFFASIL, DISTRICT-SARAN. .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S =========================================================== Appearance: For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Adv. Mr. Jyoti Shanker Mishra, Adv. For the State : Mr. Madan Kumar, Addl. P.P. Incharge. =========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI C.A.V. JUDGMENT
Date: 07-01-2014
1. Vide order dated 22.01.2003 instant revision petition has been admitted only to the extent of propriety of sentence and on account thereof is confined to that extent only.
2. Petitioners, Meena Devi, Jai Prakash @ Jai Prakash Prasad, Ambika Rai have been found guilty for an offence punishable under Section 47(a) of the Excise Act by Sri Daya Shankar Mishra, Judicial Magistrate, 1st Class, Saran at Chapra in G.R. No.161 of 1998 vide judgment dated 01.08.2001 as well as having sentenced each of them to undergo R.I. for two years as well as also each of them were fined for Rs.1000/- in default thereof to undergo R.I. for three months which found affirmed vide judgment dated 09-12-2002 passed by IXth Additional Sessions Judge, Saran at Chapra in Cr. Appeal No.89 of 2001 / 09 of 2002.
Issues for consideration
2 issues framed by the court
Whether the sentence imposed for offences under Section 47(a) of the Excise Act is proper considering procedural deficiencies despite lack of general compliance statements.
Whether the petitioners should be discharged from liability post-sentence modification while on bail.
Parties & counsel
- petitioner
Meena Devi
- petitioner
Jai Prakash @ Jai Prakash Prasad
- petitioner
Ambika Rai
- respondent
The State of Bihar
Coram
Case details
As recorded by the court registry
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