Baldeo Prasad Sharma@ Baldev Prasad ... vs The State Of Jharkhand
2024 Latest Caselaw 4852 Jhar

Jharkhand High Court

Baldeo Prasad Sharma@ Baldev Prasad ... vs The State Of Jharkhand on 3 May, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Cr. Revision No. 699 of 2019

   Baldeo Prasad Sharma@ Baldev Prasad Sharma, aged about 59 years, son of
   Late Udho Prasad Sharma, resident of village Dumardih, Post Gumla, Police
   Station Gumla, District Gumla                      ...     ...     Petitioner
                                     Versus
   1. The State of Jharkhand
   2. Awanikant Sharma, son of Late Sharda Prasad Sharma, resident of Palkot
      Road, Gumla, Post Gumla, Police Station Gumla, District Gumla.
                                                      ...     ... Respondents
                                     With
                         Cr. Revision No. 718 of 2019

   Awanikant Sharma aged about 58 years, son of Late Sharda Prasad Sharma,
   resident of Palkot Road, Gumla, P.O. and Police Station, Gumla, District
   Gumla.                                          ...     ...     Petitioner
                                  Versus
   The State of Jharkhand                          ...     ... Respondents

                           ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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  For the Petitioner & for
  O.P.                     : Mr. Chandan Kumar, Advocate
                            [in Cr. Rev. No. 718 of 2019 & Cr. Rev
                            No. 699 of 2019]
  For the State            : Mr. Sautosh Kumar Shukla, Advocate

                                         ---
        rd
06/03 May2024

1. The Cr. Revision No. 699 of 2019 has been filed by the petitioner against

the impugned order passed by the Appellate Court whereby the Opposite Party

has been acquitted for the offence punishable under Sections 308 and 325 of

the Indian Penal Code and has been convicted and sentenced for lesser offence

under Section 323 of the Indian Penal Code. Arising out of the same judgment,

Cr. Revision No. 718 of 2019 has been filed by the convict and he is on bail.

2. Learned counsel for the Opposite Party in Cr. Revision No. 699 of 2019

has submitted that the revision is not maintainable as the petitioner has a

remedy in terms of the proviso to Section 372 of the Cr.P.C.

3. Learned counsel for the petitioner submits that she shall examine this

aspect of the matter.

4. Post this case on 9th May 2024.

(Anubha Rawat Choudhary, J.) Aditi