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Case Summary : Upendra Sharma Vs. State Of Bihar & Anr. 2018 12 SC

Upendra Sharma Vs. State Of Bihar & Anr. 2018 12 SC

Case Name : Upendra Sharma Vs. State Of Bihar & Anr. 2018 12 SC

Author : Arthi M

CITATION

ARISING FROM SLP (C) NO.277 OF 2016

BENCH

HON’BLE JUSTICE MR.ROY AND JOSEPH

INTRODUCTION

Both the appellants, Upendra Sharma and the Dasrath Sharma stand convicted under section 354 of Indian penal code and sentenced to undergo Rigorous imprisonment for eighteen months and also convicted under section 323 of Indian penal code and sentenced to undergo Rigorous imprisonment for six months.

FACTS

As per the prosecution case the statement of Krishna Kant Singh  who was a student of 1st year in T.P.S college and was living in the house of Ram Jewan Sharma and one month prior to the date of  occurrence his elder brother, Krishna Nandan Singh had come with his wife for the treatment of infant issue and were staying with him. And were his brother went out to buy medicines for the child   and sister in law Baby Kumara was cooking food and his babhi after preparing food was opening bottle for giving medicine to her child. When he went to the roof of the house heard the cries of his bhabhi and were Dasrath Sharma had thrown his sister in law on the ground and pulled her Saree. As soon as the informant trued to get her rid of their clutches, the appellants assaulted him by fists and pressed his neck.

ISSUES AND FACTS OF LAW

-whether such assault was proved on the side of the petitioner?

-whether such assault amounts to attempt of murder?

-whether the defendant was guilty under such assault?

-whether such assault can be made a criminal offence and held Punishable under Indian penal code?

JUDGMENT

Leave granted.

The appeal was made allowed, and if pending applications if any, shall stand disposed of.

And they shall be no orders as to costs.

ANALYSIS

The challenge was against the order dated on 27.11.2015 by which the high court has issued non-Bailable warrants of arrest on the appellant herein on an application of the regular bail granted by the Trail court.

And going on by the procedure under law there was no justification for the court issuing non-Bailable warrant of arrest of the appellant herein on the application filed by Respondent No2. The impugned order is set aside. The appellant may appear before the high court and contest the application. And the court is free to pass orders on the merits of the signature not verified digitally signed by NARENDRA PRASAD DATE On 2018.01.13 on application.