Case Facts:
Patna High Court CR. APP (DB) No.279 of 2012 (3) dt.20-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.279 of 2012 ====================================================== Rashendra Dubey .... .... Appellant/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Kamal Nayan Choubey, Sr.Advocate. For the Respondent/s : A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 3 20-03-2012 Heard Mr. Kamal Nayan Choubey, learned Senior Counsel, in support of this appeal under Section 372 Cr./P.C. against acquittal of some of the accused persons. One Om Prakash Dubey and his brother Kamalakar Dubey were charged for offence under [STATUTE] . The trial court held Om Prakash Dubey guilty of offence under [STATUTE] and sentenced him to life imprisonment. So far his brother and his wife are concerned, they were given benefit of doubt and acquitted. We have perused the judgment, under appeal and we find no reason to interfere. The trial court has found that there was altercation in the house between agnates and allegedly Om Prakash Dubey was Patna High Court CR. APP (DB) No.279 of 2012 (3) dt.20-03-2012 ordered by Kamalakar Dubey for killing, upon which he asked for gun and his wife provided the same. He shot twice and killed the deceased. The trial court has found that all other relations present in the house confined the persons in the house waiting the police but when the police came they did not find Kamalkar Dubey and his wife in the house at all. Thus the trial court did not accept the allegation of Kamalkar Dubey being the order giver or his wife having carried the gun much less common intention and has acquitted them. We see no reason to interfere in the judgment, under appeal. The appeal is thus dismissed. singh/- (Navaniti Prasad Singh, J) (Ashwani Kumar Singh, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.