SURYA KANT JHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The informant-petitioner has preferred this revision application against the order dated 14.6.2007 passed by the learned Additional Sessions Judge, F.T.C. -V, Saharsa in Cr. Appeal No. 14/03 by which the order of conviction passed in S. Tr. No. 1.3/94 has been confirmed, but the sentence has been set aside and the case has been remanded back to the learned trial court for passing proper order under Section 360 Cr. P.C.

(2.) Heard Mr. Atul Kumar Pandey, learned counsel for the petitioner, Mrs. I.B. Pandey, learned A.P.P. for the State and Mr. Pramod Mishra, learned counsel for the opposite party nos. 3 to 5.

(3.) It is submitted by the learned counsel for the petitioner that the accused opposite party nos. 2 to 5 were convicted under Section 307/34 of the I.P.C. and were sentenced to undergo rigorous imprisonment for four years with a fine of Rs. 2,500/- payable to the injured and in default of payment of fine to undergo simple imprisonment for one month, the accused opposite party no. 2 was further convicted under Sections 326 and 324 of the I.P.C. and sentenced to undergo rigorous imprisonment for three years under Section 326 of the I.P.C. and a fine of Rs. 3,000/- payable to the injured and in default of fine undergo simple imprisonment for a period of two months and was also sentenced to undergo simple imprisonment for a period of one year under Section 324 of the I.P.C. and all the sentences to run concurrently. This order was passed by the learned Assistant Sessions Judge, Saharsa in S. Tr. No. 13/94. Against that judgment and order, the accused opposite parties preferred Cr. Appeal No. 14/ 03 in the court of learned Sessions Judge, which has been heard by the learned Additional Sessions Judge, F.T.C.-V, Saharsa and has confirmed the judgment of the conviction passed by the learned trial court, but the sentence part has been set aside and the case has been remanded to the learned trial court for passing proper order under Section 360 Cr. P.C.