Patna High Court CR. APP (SJ) No.508 of 2015 dt.04-05-2018 1

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.508 of 2015
Arising Out of PS.Case No. -146 Year- 2004 Thana -JHAJHA District- JAMUI

1. Basant Yadav son of late Baldeo Yadav, resident of village Parasi, P.S Jhajha,
Dist. Jamui,
…. …. Appellant/s
Versus

1. The State of Bihar

…. …. Respondent/s

Appearance :

For the Appellant/s : Mr. Alok Kumar,
Mr. Prabhat Ranjan Singh, Advocates
For the Respondent/s : Mr. Ajay Kumar-1, APP

CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL JUDGMENT
Date: 04-05-2018

Sole appellant, Basant Yadav has been found guilty for

an offence punishable under Section 448 IPC and sentenced to

undergo RI for six months, under Section 354 IPC and sentenced to

undergo RI for six months, with a further direction to run the

sentences concurrently vide judgment of conviction and order of

sentence dated 09.07.2015 passed by 4th Additional District and

Sessions Judge, Jamui in Sessions Trial No. 304/2008 /136/2014.

2. During course of argument, learned counsel for the

appellant has confined his submission only on the question of

sentence having been inflicted against the appellant by the learned

lower court in the background of admission by way of suggestion

given to PW-7, Nago Mahto, brother of the alleged victim, PW-5

(name withheld). To justify such submission, it has been submitted
Patna High Court CR. APP (SJ) No.508 of 2015 dt.04-05-2018 2

that from the evidence of I.O, PW-6, it is evident that appellant has

got clean antecedent. Furthermore, purposely, intentionally, the case

has been filed by way of filing a complaint petition, wherefrom it is

apparent that there happens to be fragrance of some sort of animosity

in the background of the fact that father-in-law of the alleged victim

with whom the victim happens to be on litigating terms, was at the

side of the appellant. It has also been submitted that appellant had

gone under custody on 26.02.2008 and was bailed out on 24.4.2008

remaining under custody approximately for two months. Furthermore,

it has also been submitted that the occurrence is of the year 2003 and

the appellant has faced rigour of trial for the last 15 years.

3. The learned Additional PP did not object.

4. In the aforesaid facts and circumstances of the case

and further considering the evidence of PW-7, Para-29 wherein he

had admitted that there was dispute amongst so alleged victim with

the wife of the appellant over fetching water from the hand-pipe,

there might be an occasion as well as there also happens to be

admission though hesitantly that father-in-law of victim was at the

side of appellant with whom, victim is on strained relationship and so,

needs interference on the score of sentence while maintaining

conviction under both heads, under Section 448 IPC, as well as under

Section 354 of the IPC and is modified as period already under gone .
Patna High Court CR. APP (SJ) No.508 of 2015 dt.04-05-2018 3

5. Since appellant is on bail, he is discharged from its

liability.

6. In terms thereof, the instant appeal is hereby disposed

of.

(Aditya Kumar Trivedi, J)
perwez

AFR/NAFR AFR
CAV DATE N/A
Uploading Date 07/05/2018
Transmission 07/05/2018
Date