Dismissed

Bhola Raut v. The State Of Bihar

Patna HC14 Nov 2017CR. APP (SJ)/382/2015

Case brief

AI extract

What is this about?

The High Court dismissed the criminal appeal as not maintainable, holding that the appellant should have filed an appeal before the Sessions Judge under Section 374(2) Cr.P.C. instead of approaching the High Court directly regarding conviction under IPC Sections 307, 324, and 341.

What did the court decide?

Dismissed the appeal as not maintainable; liberty granted to file before Sessions Judge within four weeks.

Bhola Raut Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (SJ) No.382 of 2015

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Arising Out of PS.Case No. -152 Year- 2011 Thana -SHEOHAR District- SHEOHAR

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=========================================================== Bhola Raut Son of Late Somal Raut Resident of village - Harnahi, P.S. Sheohar, District - Sheohar

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.... .... Appellant Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellant/s : Mr. For the Respondent/s : Mr.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT Date: 14-11-2017

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Learned counsel for the appellant is not present. However, Sri Amrendra Kumar, Advocate has come up to pray for an adjournment.

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With the assistance of learned Additional P.P., judgment impugned as well as L.C. record has minutely been gone through. From the judgment impugned, it is evident that same has been passed by the Assistant Sessions Judge, Sheohar relating to Sessions Trial No.379 of 2012/2 of 2014 whereby and where under appellant Bhola Raut has been found guilty for an offence punishable under Section 307 I.P.C., 324 I.P.C. and 341 I.P.C. for which, he has been directed to undergo R.I. for five years as well as to pay fine appertaining to Rs.5,000/- in default thereof to undergo R.I. for six months,

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Patna High Court CR. APP (SJ) No.382 of 2015 dt.14-11-2017

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2/2

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additionally, R.I. for three years, S.I. for one month respectively. In terms of Section 374(2) of the Cr.P.C., the conviction and sentence having been passed by the Court otherwise the Additional Sessions Judge or Sessions Judge inflicting sentence up to seven years is appealable before the learned Sessions Judge.

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That being so, instead of filing this appeal before this Court, the appellant should have filed the appeal before the learned Sessions Judge and this appeal, is disposed of observing like so.

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However, it is made clear that in case of filing of appeal before the learned Sessions Judge within four weeks will not be encroached upon by law of limitation otherwise, appellant will have to explain the same.

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(Aditya Kumar Trivedi, J)

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N.H./-

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AFR/NAFR	NAFR
CAV DATE	N/A
UploadingDate	15-11-2017
Transmission Date	15-11-2017

Bhola Raut v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bhola Raut v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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