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2025 Supreme(Online)(Pat) 2006

PATNA HIGH COURT
SANDEEP KUMAR, J
Baiju Rishideo – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rahul Kumar Mishra
For the Respondents: Mr. Shyam Kumar Singh, APP

Table of Content
1. court reviews the trial court's decisions. (Para 1 , 2 , 3)
2. allegations of assault and theft discussed. (Para 4 , 5 , 6 , 16)
3. arguments challenging the evidential basis for conviction. (Para 9 , 10 , 11 , 12 , 13 , 14)
4. judicial analysis of fir delays and their implications. (Para 17 , 18 , 20)
5. final judgment leading to acquittal. (Para 21 , 22)

ORAL JUDGMENT

Date : 04-12-2025 Heard learned Amicus Curiae for the appellants and learned APP for the State.

2. The appellants have challenged the judgment of conviction and order of sentence dated 31.01.2004 passed by the learned 1st Additional Sessions Judge, Madhepura, in Sessions Trial No.139 of 1992, arising out of Gamaharia P.S. Case No.68 of 1990, whereby the appellants have been convicted under sections 307/149, 379, 148, 447, 323 and 341 of the Indian Penal Code (for short “I.P.C.”). By the impugned judgment, the appellants have been imposed the following sentences:-

Section under the I.P.C Sentence imposed by the Trial Court
307/149 I.P.C Rigorous Imprisonment of five years
148 I.P.C Rigorous Imprisonment of One year
379 I.P.C Rigorous Imprisonment of Two years
323 I.P.C Rigorous Imprisonment

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