Dismissed

Basant Yadav v. The State Of Bihar

Patna HC4 May 2018CR. APP (SJ)/508/2015

Case brief

AI extract

What is this about?

The High Court disposed of the criminal appeal against conviction and sentence for offences under Sections 448 and 354 IPC. The court modified the sentence by treating the period already undergone on bail as part of the rigorous imprisonment term.

What did the court decide?

Sentence modified to include period already undergone on bail; liability for further imprisonment discharged; appeal disposed of.

Basant Yadav Vs The State Of Bihar — Cheque Dishonour | Patna HC (2018)

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Patna High Court CR. APP (SJ) No.508 of 2015 dt.04-05-2018

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (SJ) No.508 of 2015

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Arising Out of PS.Case No. -146 Year- 2004 Thana -JHAJHA District- JAMUI

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Basant Yadav son of late Baldeo Yadav, resident of village Parasi, P.S Jhajha, Dist. Jamui,

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.... .... Appellant/s Versus 1. The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Alok Kumar, Mr. Prabhat Ranjan Singh, Advocates For the Respondent/s : Mr. Ajay Kumar-1, APP

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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT Date: 04-05-2018

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Sole appellant, Basant Yadav has been found guilty for an offence punishable under Section 448 IPC and sentenced to undergo RI for six months, under Section 354 IPC and sentenced to undergo RI for six months, with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 09.07.2015 passed by 4^th Additional District and Sessions Judge, Jamui in Sessions Trial No. 304/2008 /136/2014.

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During course of argument, learned counsel for the appellant has confined his submission only on the question of sentence having been inflicted against the appellant by the learned lower court in the background of admission by way of suggestion given to PW-7, Nago Mahto, brother of the alleged victim, PW-5 (name withheld). To justify such submission, it has been submitted

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Patna High Court CR. APP (SJ) No.508 of 2015 dt.04-05-2018

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that from the evidence of I.O, PW-6, it is evident that appellant has got clean antecedent. Furthermore, purposely, intentionally, the case has been filed by way of filing a complaint petition, wherefrom it is apparent that there happens to be fragrance of some sort of animosity in the background of the fact that father-in-law of the alleged victim with whom the victim happens to be on litigating terms, was at the side of the appellant. It has also been submitted that appellant had gone under custody on 26.02.2008 and was bailed out on 24.4.2008 remaining under custody approximately for two months. Furthermore, it has also been submitted that the occurrence is of the year 2003 and the appellant has faced rigour of trial for the last 15 years.

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The learned Additional PP did not object.

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In the aforesaid facts and circumstances of the case and further considering the evidence of PW-7, Para-29 wherein he had admitted that there was dispute amongst so alleged victim with the wife of the appellant over fetching water from the hand-pipe, there might be an occasion as well as there also happens to be admission though hesitantly that father-in-law of victim was at the side of appellant with whom, victim is on strained relationship and so, needs interference on the score of sentence while maintaining conviction under both heads, under Section 448 IPC, as well as under Section 354 of the IPC and is modified as period already under gone .

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Patna High Court CR. APP (SJ) No.508 of 2015 dt.04-05-2018

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Since appellant is on bail, he is discharged from its

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liability.

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In terms thereof, the instant appeal is hereby disposed

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(Aditya Kumar Trivedi, J)

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perwez

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AFR/NAFR AFR CAV DATE N/A Uploading Date 07/05/2018 Transmission 07/05/2018 Date

Basant Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Basant Yadav v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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