Ram Surat Choudhary v. The State Of Bihar
Case brief
What is this about?
The High Court of Patna dismissed two connected criminal revisions seeking to quash judgments convicting petitioners of looting fish and assaulting an informant. The court upheld the conviction following examination of prosecution witnesses, noted inconsistencies in the informant's testimony which it resolved against the accused, but commuted the sentences to release the under-trial petitioners al
What did the court decide?
Both criminal revisions dismissed with modification of sentence; Ram Surat Choudhary discharged from bail liability; Paras Nath Mali and Deo Narayan Sharma to be released forthwith if not wanted in an
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.97 of 2013
=========================================================== RAM SURAT CHOUDHARY, S/O LATE RAM BILAS CHOUDHARY, R/O VILLAGE- DHAMAR, P.S- ARA (MUFFASIL), DISTRICT- BHOJPUR (ARA), .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S with Criminal Revision No. 196 of 2013 =========================================================== 1. PARAS NATH MALI @ PARAS MALI, S/O LATE LAXMAN MALI. 2. DEO NARAYAN SHARMA, S/O LATE SUDARSHAN SHARMA. BOTH RESIDENT OF VILLAGE- DHAMAR, P.S.- ARA (MUFFASIL), DISTRICT- BHOJPUR. .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S =========================================================== Appearance: (In CR. REV. No. 97 of 2013) For the Petitioner/s : Mr. Krishna Prasad Singh, Adv. For the State : Mr. Shantanu Kumar, APP (In CR. REV. No. 196 of 2013) For the Petitioner/s : Mr. Sarveshwar Tiwary, Adv. For the State : Mr. Shantanu Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI C.A.V. JUDGMENT
Date: 07-01-2014
1. Ram Surat Choudhary happens to be the sole petitioner of Cr. Revision No.97/2013 whereas Paras Nath Mali @ Paras Mali,, Deo Narayan Sharma happen to be the petitioners of Cr. Revision No.196 of 2013 commonly originate from the successive judgments dated 05.06.1998 passed by Sri Vikram Singh, Judicial Magistrate, 1st class, Bhojpur at Arrah in connection with G.R. No.2160 of 1993 whereby and whereunder all the three petitioners named above along
2
Issues for consideration
3 issues framed by the court
Whether the proceedings initiated against the petitioners for looting fish and assault are sustainable in the facts and law and whether any interference under revisional jurisdiction is warranted.
Whether the prosecution version regarding the ownership of the fishing pond and the occurrence is established beyond doubt despite inconsistencies in the informant's testimony.
Whether the sentences passed against the petitioners need to be modified on account of the time already undergone by them as the impugned judgments are not under revision as appeals.
Parties & counsel
- petitioner
RAM SURAT CHOUDHARY
- respondent
THE STATE OF BIHAR
- petitioner
PARAS NATH MALI @ PARAS MALI
- petitioner
DEO NARAYAN SHARMA
Coram
Case details
As recorded by the court registry
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