SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2008 Supreme(SC) 1759

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
SHIVNATH PRASAD – Appellant
Versus
STATE OF BIHAR – Respondent


ARIJIT PASAYAT, J.

( 1 ) HEARD

( 2 ) LEAVE granted.

( 3 ) CHALLENGE in this appeal is to the judgment of a learned Single Judge of the Patna High Court dismissing the revision petition filed by the appellant.

( 4 ) BACKGROUND facts in a nutshell are as follows: the appellant was convicted for offences punishable under Sections 279 and 304-A of the Indian Penal Code, 1860 (in short `the IPC') by the learned Judicial Magistrate, Bettiah, West Champaran. He was sentenced to undergo simple imprisonment for six months and one year respectively. Both the sentences were directed to run concurrently. An appeal was filed and the leaned Additional District and Sessions Judge, Fast Track Court no. II, Bettiah, West Champaran affirmed the conviction and sentence. The revision filed was dismissed by the impugned order on the ground that there was no scope for interference.

( 5 ) LEARNED counsel for the appellant submitted that the prosecution version has not been established. There were several infirmities which the high Court unfortunately did not notice. The I. O. , the Doctor and the informant were not examined. The post-mortem report was also not exhibited. PW-3, who claimed to be the son of





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top