Deepak Malakar v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Revision No.952 of 2019, decided 17-06-2025 by Jitendra Kumar, J., arising out of PS Case No. 210 of 2013, P.S. Amarpur, District Banka. The informant/victim Deepak Malakar challenged the judgment and order of sentence dated 27.04.2019 of the learned Additional Sessions Judge-III, Banka in S.T. No. 468 of 2014, whereby respondents Nawadi Devi, Sudhir Malakar, Nandkishor Malakar and Sharwan Malakar were acquitted of Sections 307, 504 and 326 r/w Section 34 IPC and convicted only under Sections 341, 323 and 324 IPC with the benefit of the Probation of Offenders Act. Held, following Suman Devi v. State of Bihar (2025 SCC Online Pat 1862), that the victim's remedy is an appeal under the Proviso to Section 372 Cr.PC and the revision is barred by Section 401(4) Cr.PC; the revision was converted into a Criminal Appeal under Section 401 Cr.PC and directed to be listed before the appropriate Bench. Raj Kumar appeared as Amicus Curiae (petitioner unrepresented); Pawan Kumar Chaurasia, APP for the State; honorarium of Rs. 5,000/- directed to the Amicus Curiae.