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Patna High Court

RAVI BHUSHAN OJHAversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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