IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.20 of 2010 The State Of Bihar …..Appellant. Versus Ramesh Verma @ Arun Verma …..Respondent. For the Appellant : Mr. Parmeshwar Mehta, APP. For the Respondent : Mr. Prakash Chandra Jha, Advocate. ----------- 13/ 07.07.2011 Heard learned Counsel for the appellant and learned Counsel for the respondent. The counter affidavit has been filed on behalf of the sole respondent. The appellant-state has challenged the judgment dated 30.06.2009 in Sessions Trial No. 237 of 2003/01 of 2003, whereby the learned Additional Sessions Judge, Fast Track Court No. V, Patna hold the respondent guilty under Section 304 (II) of the Indian Penal Code and sentenced him to undergo RI for three years. The State of Bihar has challenged the inadequacy of the sentence and it has been submitted that the circumstances was such, under which harsher sentences and punishment should have been awarded to the respondent. We have perused the judgment and heard the submissions. It appears that the 2 initial assault was on 10.10.2001, thereafter, the victim was brought for medical treatment and he died on 14.10.2001. The doctor who has treated him initially has been examined and his evidence has been discussed. The discussion of the doctor and evidence of the witnesses were indicating all the facts that the offence in no view comes under Section 302 of the Indian Penal Code. Therefore, the court has taken appropriate and correct step by convicting the appellants under Section 304 (II) of the Indian Penal Code. The sentences awarded under the circumstances is correct and the judgment needs no interference. The Government appeal is without merit and hence, it is accordingly dismissed. kksinha/- (Shyam Kishore Sharma, J.) (Rajendra Kumar Mishra, J.)