Single Bench held it lacked jurisdiction to hear the appeal arguing that the case involved disputed facts. Ordered appellant and office to make sincere efforts for a Division Bench hearing.
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Patna High Court CR. APP (SJ) No.1203 of 2018 (3) dt.19-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.1203 of 2018
Arising Out of PS.Case No. -43 Year- 2014 Thana -RIVILGANJ District- SARAN
====================================================== Laddu Mahto
.... .... Appellant/s Versus State of Bihar & Anr .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Harish Kumar For the Respondent/s : Mr. Sri Zeyaul Hoda ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
3 19-06-2018 This Appeal has been preferred at the instance of informant being aggrieved by judgment impugned whereby and whereunder the convicted / respondent No.2 has been convicted for and sentences for an offence punishable under Section 304(ii) of the IPC instead of 302 IPC. And that being so, it ought to have been addressed to Division Bench instead of Single Bench.
Accordingly, appellant as well as office to take sincere effort.
(Aditya Kumar Trivedi, J)
Sanjeev/-
U
1 issue framed by the court
Whether a Single Bench can hear an appeal against an acquittal/sentence downgrade on grounds not involving disputed facts of law.
Laddu Mahto
State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
