IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.767 of 2010
RAM DAYAL YADAV & ANR
Versus
STATE OF BIHAR
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3. 23.8.2010 The lower court records have been
received.
The matter has been placed for
consideration of the appellants’ prayer for
bail. On perusal of the impugned judgment
it has been noticed that the trial court
though convicted the appellants for the
offences under Sections 302/149 of the
Indian Penal Code but sentenced them to
undergo rigorous imprisonment for five
years. For conviction under Sections
302/149 of the Indian Penal Code there
could have been the sentence either of life
imprisonment or death. There could not have
been any other sentence than this but the
learned trial Judge has imposed a sentence
which is unknown to the law.
Considering this fact, this matter
is being remitted back to the trial Judge
for passing a proper sentence against these
two appellants. The lower court records of
Sessions Trial No. 330 of 2008 are directed
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to be remitted to the court of Additional
Sessions Judge, Fast Track Court-V, Buxar
for passing necessary orders on sentence as
against the appellants. After passing the
necessary orders on sentence, the trial
court shall immediately remit the lower
court records to this court.
This judgment as well as case of
trial Judge is also referred in the
administrative side of the High Court for
considering his performance as a Judicial
Officer and taking necessary action in this
regard.
( Mridula Mishra, J.)
( Dharnidhar Jha, J.)
Kanth