Jharkhand HC Dismisses Petition Against the Conviction and Order of Sentence

Must Read

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

Follow us

A Criminal Appeal was filed against the Judgment of conviction and order of sentence dated 07.10.2013 passed by the learned 4th Additional Sessions Judge, Deoghar. The Appeal was dismissed by Hon’ble Mrs. Justice Anubha Rawat Choudhary with no interference called for in the direction issued by the learned courts below.

Brief Facts

Mintu Verma who is the informant in this case filed a report to the Officer-in-charge, Sarwan P.S., District- Deoghar that on 04.03.2004 at around 01:30 P.M., both the parents of the informants had gone to their nearby agriculture field when his cousin Bhabhi namely, Guriya Devi and Rambha Devi, entered his house and started abusing him which caused a huge argument between the informant and his cousins. 

Jitendra Verma, who is the uncle of the informant then enters into the house and grabs the informant by his hair and thrashes him to the ground, assaults him with fists and slaps due to which blood started oozing out of his mouth which resulted in injuries on the mouth and back. After hearing the loud noise coming from the house the informants’ father rushed inside and took him to the police station to give a written report on the incident. Based on the written report, the case was registered as Sarwan P.S. Case No. 33/2004 under Sections 448, 341, 323, 379, 427, 504/34 of the Indian Penal Code against the petitioners.

Submissions of the Petitioner

Learned counsel for the petitioners, Mr. Arvind Kumar Choudhary presented that the impeached judgment passed by the lower court is unreasonable because the evidence wasn’t discussed properly. It was also presented that the offense under section 448 of the Indian Penal Code is invalid as there was no house trespassing since the parties live in the same house. It was also presented that the petitioners were blood relatives of the informant which makes the event within the family. 

He further presents that even so the allegation against Jitendra Verma that he threw the informant on the ground leading to blood oozing out, the injury report was not exhibited. The doctors and the investigating officers of the case were not examined. Otherwise, also due to the long gap, there is no reason to provide bond under Section 4 of the Probation of Offenders Act and has relied on the (2012) 4 Eastern Indian Criminal Cases 48 (Patna) judgment passed by the Hon’ble Patna High Court.

Submissions by the Respondent

On the other hand, Learned A.P.P. appearing on behalf of the Opposite Party-State Mr. Shailesh Kumar Sinha submitted that the arguments of the petitioners that there is no offence under section 448 of the Indian Penal Code are not correct. There was evidence provided to the lower court that even though the informant and the petitioner are blood-related they do not live together even though their courtyard as well and common. 

 It was also submitted that merely because the doctors were not examined and the injury report wasn’t presented it does not make it invalid. The lower court has already considered the version of the parents of the informant where they saw the blood and injury and the informant who pointed out his injury which is still considered as an offence under Section 323 of the Indian Penal Code against the petitioner.

 He also submitted that non-examination of the I.O. is not fatal to the case and has not caused any injustice to the petitioners. The lower court has considered and analyzed all the evidence on record and the arguments of the learned counsel for the petitioners that the evidence on record not being analyzed properly is incorrect. Merely because many years have passed from the direction to execute the bond, it cannot be considered as a ground for exempting the petitioners from executing the bond as given by the learned trial court.

Verdict of the Court

The court found that there is no need for interference to the judgment passed by the lower court and affirmed by the learned appellate court, is upheld and the criminal revision petition is hereby dismissed. 

Click here to view the full judgment 


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -