Patna High Court
RAVI BHUSHAN OJHAversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that there was no illegality in the lower appellate court's judgment and dismissed the appellant's application.
Summary
Ravi Bhushan Ojha appealed to set aside a part of the judgment dated 08.04.2021 in which the Additional District and Sessions Judge, Buxar, allowed the appeal of respondents 2 and 3 and set aside their conviction and sentence under Section 323 of the Indian Penal Code. The prosecution alleged that the respondents assaulted the appellant with lathis from behind, leading to conviction under Sections 323, 325 and 34 IPC. The High Court examined whether the lower appellate court erred in overturning the conviction. Finding no illegality in the earlier judgment, the Court dismissed the appellant's application. Consequently, the conviction and sentence of respondents 2 and 3 remain set aside as per the lower appellate order.
Issues considered
- Whether the Additional District and Sessions Judge erred in setting aside the conviction and sentence of respondents 2 and 3 under IPC Section 323 (and related sections).
Legislation cited
- Indian Penal Code — s. 323, 325, 34
Subjects
- assault
- criminal appeal
- IPC 323
- conviction set aside
- appellate jurisdiction
- simple imprisonment
- fine
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4775 of 2021
Arising Out of PS. Case No.-222 Year-1987 Thana- BUXAR District- Buxar
======================================================
RAVI BHUSHAN OJHA Son of Ram Vilas Ojha Resident of Sidhnath Ghat,
P.S.- Buxar Town, District - Buxar
... ... Appellant/s
Versus
1. The State of Bihar
2. Jai Narayan Pandey Son of Durgadutta Pandey Resident of Sidhnath Ghat,
P.S.- Buxar Town, District - Buxar
3. Paramath Nath Pandey Son of Late Vishnudutt Pandey Resident of Sidhnath
Ghat, P.S.- Buxar Town, District - Buxar
4. Shiv Bihari Tiwari Son of Late Gangadhar Tiwari Resident of Niranjanpur,
Near Golambar, P.S.- Buxar (Industrial), District - Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Parijat Saurav, Advocate
For the State : Mr.Bipin Kumar, APP
For the Respondent nos. 2 and 3 : Mr. Vishwanand Upadhyaya, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
12 03-02-2026 Heard learned counsel for the appellant and learned
counsel for the State and learned counsel for respondent nos. 2
and 3.
2. The present appeal has been filed to set aside the
part of judgment dated 08.04.2021 passed by the Court of
learned Additional District and Sessions Judge-VI, Buxar in Cr.
Appeal No. 47/2010 whereby the learned appellate court has
allowed the appeal of the respondent nos. 2 and 3 and has been
pleased to set aside the conviction and sentence of both the
respondent nos. 2 and 3 who are convicted under Section 323 of
Patna High Court CR. APP (SJ) No.4775 of 2021(12) dt.03-02-2026
2/2
the Indian Penal Code and sentenced to six months of simple
imprisonment and fine of Rs. 1,000/- and additional one month
of simple imprisonment on failure to deposit the fine, by the
trial court of learned Judicial Magistrate 1st Class, Buxar vide
judgment of conviction and sentence dated 15.05.2010 in Trial
No. 229/2009/ G.R. No. 1900/1987 arising out of Buxar Town
P.S. Case No. 222/1987 dated 12.12.1987 under Sections 323,
325/34 of the I.P.C.
3. As per the prosecution case, while the appellant
was going to market, the respondents are alleged to have
assaulted him with lathis from behind.
4. After going through the impugned judgment, this
Court finds no illegality in the said judgment which warrants
interference or reversal, so far as Respondent no. 2 is concerned.
5. Hence, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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