LAWS(JHAR)-2018-11-174

RAMESH LOHAR Vs. STATE OF JHARKHAND

Decided On November 05, 2018
Ramesh Lohar Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) (Cr. Appeal (SJ) No.1297 of 2016) Heard the parties.

(2.) Learned counsel of appellant draws attention of this Court to the order No.8 dtd. 1/8/2017 and submits that the predecessor Bench of this Court before which the case was listed formulated the following questions of law and directed both the parties to address this Court on the questions of law formulated:-

(3.) So far as the first question of law is concerned, learned counsel for the appellants submits that Sec. 320 of the Cr.P.C. envisages the composition of offences punishable under the different Sec. of the Indian Penal Code only and no other acts. Further it is submitted by the learned counsel for the appellants that Sec. 325 of Cr.P.C. is not at all a penal provision. Hence, the composition of the said provision of Sec. 325 Cr.P.C. is irrelevant. I find force in the submission of the learned counsel for the appellants. Hence, the first question of law formulated is irrelevant, the same is answered accordingly.