OM PRAKASH KESHRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsels appearing on behalf of the parties.

(2.) THIS is an appeal preferred by solitary appellant against his conviction for the offence punishable under Section 121 of the Indian Railway Act and sentence to undergo rigorous imprisonment for six months simultaneous to acquittal from the charges under Sections 323 and 307 of the Indian Penal Code by learned 2nd Additional Sessions Judge, Fast Track Court, Patna on 18th June, 2002 in Sessions Trial No. 418 of 1989 / 327 of 2001 (G.R. No. 637 of 1988) arising out of Patna (Jehanabad) P.S. Case No. 38 of 1988 dated 26th January, 1988.

(3.) ON the other hand, learned Additional Public Prosecutor has trying his level best to support the findings of the court below on all the counts and submits that at this juncture it may be futile exercise to remit the matter to competent authority to determine the point of juvenile of the appellant rather reducing the sentence as undergone, which may serve the interest of justice and avoid wastage of precious time.