SANTOSH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present revision is directed against the judgment and order passed by the 7th Additional Sessions Judge, Nalanda in Cr. Appeal Nos. 106/92 / 1/63 dismissing the said appeal with modification in sentence. The short facts of the case are that the informant Karuna Devi filed a complaint in the Court of the Chief Judicial Magistrate, Nalanda who directed the police to institute the case and take up investigation and thereafter Harnaut P.S. case under Secs. 488, 323, 379 and 498 I.P.C. was registered.

(2.) The police submitted charge sheet and, accordingly cognizancethe offence was taken. The learned Magistrate convicted all the three accused, namely the petitioners for the charge under Secs. 323, 379 and 498A I.P.C. and sentenced them to undergo R.I. for two years under Sec. 379 I.P.C. and R.I. for two and a half years under Sec. 498 A I.P.C. The sentences were directed to run concurrently. No separate sentence under Sec. 323 I.P.C. was passed.

(3.) BEING aggrieved by the said judgment and order of conviction, the petitioner filed the abovementioned appeal which was finally heard by the 7th Additional Sessions Judge, Nalanda.