RAJESH UPADHAYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-original complainant has questioned judgment and order dtd. 28/8/2024 of the Division Bench of the High Court of Judicature at Patna in Criminal Appeal (DB) No.542 of 2024, whereby the High Court suspended the sentence imposed on respondent No.2 and released him on bail during the pendency of the Appeal.

(3.) The appellant-informant's father named Krishna Behari Upadhyay was murdered. As per the prosecution story, on 11/12/2021 at about 4.30 p.m., the appellant along with his father Krishna Behari Upadhyay reached at Mahavir temple of the village to light 'Diya' and to do 'Arti'. At that time, the accused persons and the co-villagers Bashishthha Singh alias Munna Singh, Ajit Singh, Naga Kumar, Raghunandan Kumar and Sheo Narayan Mahtorespondent No.2 herein wielding the arms and weapons reached, at the temple. Hurling abuses, all of them surrounded the appellant and his father, telling said Krishna Behari Upadhyay that he was not performing Puja and was engaging in politics.