SUNITA DEVI Vs. STATE OF BIHAR & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) The defacto complainant is before us, aggrieved by an order dated 12.07.2016 passed by the High Court of Judicature at Patna in I.A. No. 1630 of 2015 in Criminal Appeal (DB) No. 672 of 2013, suspending the sentence awarded to Respondent No. 2, in a case where he had been convicted by the trial court under Section 302 IPC.

(3.) Mr. M. Shoeb Alam, learned counsel appearing for the State, has invited our attention to the mandatory requirement of Section 389 Cr.P.C., 1973 He has also invited our attention to the Judgment of this Court in Atul Tripathi v. State of Uttar Pradesh & Ors., reported in 2014(3) R.C.R. (Criminal) 844 : 2014(4) Recent Apex Judgments (R.A.J.) 486 : (2014) 9 SCC 177, where the legal position has been summed up at paragraph 15, which reads as follows:-