Nemchand Bhagat And Another vs The State Of Jharkhand
2021 Latest Caselaw 2347 Jhar

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                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            Cr. Revision No. 959 of 2008

                     Nemchand Bhagat and Another           ...    ...     Petitioners
                                         Versus
                     The State of Jharkhand      ...          ...         Opp. Party
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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Through: Video Conferencing

07/14.07.2021

1. Heard Mr. Manish Kumar, learned counsel appearing on behalf of the petitioners.

2. Heard Ms. Niki Sinha, learned counsel appearing on behalf of the opposite party-State.

Arguments of the opposite party-State

3. Learned counsel for the State has advanced her argument today and has referred to paragraph-19 of the appellate court's judgment to submit that there was material on record to indicate the involvement of the present petitioners. She has also submitted that in view of Exhibit-4, wherein the name of the petitioners was also shown as partners though it was a letter issued by the co-accused, it cannot be said that conviction of the petitioners is based on no evidence. She submits that in that view of the matter, the impugned judgments do not call for any interference in revisional jurisdiction.

Arguments of the petitioners

4. In response, the learned counsel for the petitioners has submitted that a stand was taken by the learned P.P. before the learned court below that these petitioners could be the sleeping partners of the partnership firm. In this context, the learned counsel has referred to the judgment passed by the Hon'ble Supreme Court reported in (1989) 4 SCC 630 para 8 and 9 to submit that even if it is assumed that the petitioners were the

sleeping partners, no criminal liability can be fastened upon the petitioners. He has also referred to the judgment passed by the Hon'ble Supreme Court in Cr. Appeal No. 923/2008 decided on 06.05.2008 in the case of Latu Mahto vs. State of Bihar to submit that importance of the questions put to the accused during examination under Section 313 of Cr.P.C. has been considered by the Hon'ble Supreme Court. The learned counsel submits that no question was put to the petitioners as to whether the petitioners were partners of the partnership firm to whom the informant had supplied the seeds. The learned counsel submits that the conviction of the petitioners cannot be sustained in the eyes of law.

5. Arguments concluded.

6. Judgment is reserved.

(Anubha Rawat Choudhary, J.) Mukul