ATAL BIHARI SINGH Vs. STATE OF BIHAR
LAWS(PAT)-2013-11-8
HIGH COURT OF PATNA
Decided on
November 14,2013
Atal Bihari Singh
Appellant
VERSUS
STATE OF BIHAR
Respondents
Referred Judgements :-
APPABHAI V. STATE OF GUJARAT [REFERRED TO]BAHADUR NAIK V. STATE OF BIHAR [REFERRED TO]
STATE OF M.P. V. MOHAN [REFERRED TO SC]
RAMLAGAN SINGH VS. STATE OF BIHAR [REFERRED TO]
MALKHAN SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
MACHHI SINGH VS. STATE OF PUNJAB [REFERRED TO]
BONKYA ALIAS BHARAT SHIVAJI MANE OTHERS VS. STATE OF MAHARASHTRA [REFERRED TO]
KARTIK MALHAR VS. STATE OF BIHAR [REFERRED TO]
BEHARI PRASAD VS. STATE OF BIHAR [REFERRED TO]
BHAG SINGH GURMUKH SINGH VS. STATE OF PUNJAB [REFERRED TO (SCC P. 606B -C),]
ARVIND SINGH VS. STATE OF BIHAR [REFERRED TO]
STATE OF M P VS. SALEEM alias CHAMARU [REFERRED TO]
RATTANLAL VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
DINESH KUMAR VS. STATE OF RAJASTHAN [REFERRED TO]
RAVISHWAR MANJHI VS. STATE OF JHARKHAND [REFERRED TO]
ANNA REDDY SAMBASIVA REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
VISHNU VS. STATE OF RAJASTHAN [REFERRED TO]
BALRAJE ALIAS TRIMBAK VS. STATE OF MAHARASHTRA [REFERRED TO]
ABDUL SAYEED VS. STATE OF MADHYA PRADESH [REFERRED TO]
MANO DUTT VS. STATE OF U P [REFERRED TO,PARA -30,31]
LAHU KAMLAKAR PATIL VS. STATE OF MAHARASHTRA [REFERRED TO]
SHANKAR KISANRAO KHADE VS. STATE OF MAHARASHTRA [REFERRED TO]
JUDGEMENT
-
(1.)IN spite of having been allowed sufficient opportunity on
account of non representation of petitioners on successive dates, they
could not be heard.
(2.)MOREOVER , Section 403 of the Cr.P.C. speaks a lot identifying the status of petitioners while availing the revisional jurisdiction wherein hearing the petitioners is not at all found to be mandatory. Hence with the assistance of learned Addl. P.P. the order impugned along with L.C. record has properly been scrutinized.
Petitioners Atal Bihari Singh, Satyendra Narayan Singh, Jitendra Narayan Singh, Kunj Narayan Singh @ Kunj Bihari Singh challenged the judgment dated 25.01.1997 passed by 1 st Assistant Sessions Judge, Banka in Sessions Trial No. 470/88/118/1997 whereby and whereunder all the petitioners named above have been found guilty for an offence punishable under Sections 307/34 IPC and directed to undergo each of them R.I. for four years as well as petitioner, Atal Bihari Singh had separately been convicted for an offence punishable under Sections 323 IPC and directed to undergo RI for three months with a further direction to run the sentences concurrently as well as judgment dated 02.09.2002 passed by 2nd Additional Sessions Judge, Banka in Cr. Appeal No. 2 of 1997 whereby concurred with the finding as stated above made by the learned trial court.
(3.)INFORMANT /injured, Brahamdeo Singh (PW -6) gave his Fardbeyan on 08.11.83 at 3:00 p.m. in an injured condition accompanied with his injured wife Meera Devi (PW -3), mother (PW - 1), uncle and brother (not examined) before the Officer -in -charge alleging inter alia that for the purpose of holding a 'Ashtyam', he was preparing a platform after digging earth from his own land. On the same day, at about 12:00 a.m., the accused, Kunj Bihari Singh @ Kunj Narain Singh came and forbade him on account of which an altercation took place wherein Kunj Bihari Singh was joined by Jitendra Singh who was armed with Garasa, Satyendra with Khanti Atal Bihari with Khanti. On the order of Kunj Bihari Singh they began to assault. His wife Meera Devi came in his rescue who was also assaulted by Kunj Bihari with lathi.
(2.)MOREOVER , Section 403 of the Cr.P.C. speaks a lot identifying the status of petitioners while availing the revisional jurisdiction wherein hearing the petitioners is not at all found to be mandatory. Hence with the assistance of learned Addl. P.P. the order impugned along with L.C. record has properly been scrutinized.
Petitioners Atal Bihari Singh, Satyendra Narayan Singh, Jitendra Narayan Singh, Kunj Narayan Singh @ Kunj Bihari Singh challenged the judgment dated 25.01.1997 passed by 1 st Assistant Sessions Judge, Banka in Sessions Trial No. 470/88/118/1997 whereby and whereunder all the petitioners named above have been found guilty for an offence punishable under Sections 307/34 IPC and directed to undergo each of them R.I. for four years as well as petitioner, Atal Bihari Singh had separately been convicted for an offence punishable under Sections 323 IPC and directed to undergo RI for three months with a further direction to run the sentences concurrently as well as judgment dated 02.09.2002 passed by 2nd Additional Sessions Judge, Banka in Cr. Appeal No. 2 of 1997 whereby concurred with the finding as stated above made by the learned trial court.
(3.)INFORMANT /injured, Brahamdeo Singh (PW -6) gave his Fardbeyan on 08.11.83 at 3:00 p.m. in an injured condition accompanied with his injured wife Meera Devi (PW -3), mother (PW - 1), uncle and brother (not examined) before the Officer -in -charge alleging inter alia that for the purpose of holding a 'Ashtyam', he was preparing a platform after digging earth from his own land. On the same day, at about 12:00 a.m., the accused, Kunj Bihari Singh @ Kunj Narain Singh came and forbade him on account of which an altercation took place wherein Kunj Bihari Singh was joined by Jitendra Singh who was armed with Garasa, Satyendra with Khanti Atal Bihari with Khanti. On the order of Kunj Bihari Singh they began to assault. His wife Meera Devi came in his rescue who was also assaulted by Kunj Bihari with lathi.
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