JITENDRA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the opposite party no. 2.

(2.) The petitioner has moved the Court under Sections 397 and 401 of the Code of Criminal Procedure, 1973 against the judgment dated 16.10.2017 passed by the Additional Sessions Judge-II, Siwan in Criminal Appeal No. 38 of 2006 by which the judgment and order of conviction and sentence dated 19.07.2016 passed by the Judicial Magistrate, 1st Class, Siwan in Complaint Case No. 2093 of 2006/Tr. No. 1896 of 2016 has been affirmed.

(3.) The petitioner along with three others was accused in Complaint Case No. 2093 of 2006 filed by the opposite party no. 2 under Sections 147,148, 341,323, 324, 307, 447 and 504/34 of the Indian Penal Code. Pursuant to cognizance, charge was framed under Sections 174, 148, 323, 324 and 447 of the Indian Penal Code. The trial resulted in conviction of the petitioner under Sections 323 and 324 of the Indian Penal Code only whereas the other three co-accused were acquitted of all charges. The petitioner was accordingly sentenced to rigorous imprisonment for one year each for offence committed under Sections 323 and 324 of the Indian Penal Code which were directed to run concurrently.