DEONATH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned counsel appearing on behalf of the State.

(2.) The present appeal has been filed under Section 378(4) of the Code of Criminal Procedure in pursuance of the leave granted by this Court on 7.11.2012 in S.L.A. No. 21 of 2012. The appeal is directed against the judgment of acquittal dated 15.3.2012 passed by the learned Additional District & Sessions Judge, Fast Track Court No.-V, Siwan in Cr. Appeal No. 29 of 2010, by which, he has allowed the appeal of the appellants by setting aside the judgment and order of conviction and sentence dated 6.6.2010 passed by the learned Chief Judicial Magistrate 1 st Class, Siwan in Complaint Case No. 1204 of 2001. The learned Magistrate had convicted the accused, namely, Ram Suneshwar Sharma and Sant Kumar under Section 323 of the Indian Penal Code and sentenced them to undergo for one month simple imprisonment and fine of Rs. 100/- and in default of payment of fine, they were directed to undergo further seven days simple imprisonment and the accused, namely, Ram Shankar Sharma was convicted under Sections 379 and 324 of the Indian Penal Code. He was sentenced to undergo six months simple imprisonment and a fine of Rs. 200/- under Section 324 of the Indian Penal Code and three months simple imprisonment and a fine of Rs. 200/- under Section 379 of the Indian Penal Code. However, both the sentences were ordered to run concurrently.

(3.) It is pertinent to note it here that in S.L.A. No. 21 of 2012, leave to appeal against the impugned judgment of the appellate court was sought against the accused persons, namely, Ram Suneshwar Sharma, Rama Shankar Sharma and Sant Kumar Sharma. However, the appellant did not press the S.L.A. against the accused, namely, Ram Suneshwar Sharma and Sant Kumar Sharma. By order dated 16.10.2012 passed by this Court in S.L.A. No. 21 of 2012, leave to appeal was granted only against the accused, namely, Rama Shankar Sharma.