IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.117 of 2011 RAVINDRA PRASAD AZAD @ BOBBY SINGH Versus THE STATE OF BIHAR & ORS. ----------- 03. 14.02.2011 This is an appeal against the judgment dated 29.11.2010 of the 5th Addl. Sessions Judge, Nalanda, Biharsharif passed in Sessions Trial No. 109 of 2008, wherein the respondent Nos. 2 & 3 were tried under the charges under Sections 302 & 323/34 of I.P.C. and Section 27 of the Arms Act. As to the charge under Section 302 of I.P.C. the learned trial Court feeling convinced that the offence was proved under Section 304(II)/34 of I.P.C. convicted respondent Nos. 2 & 3 thereunder and passed a sentence of R.I. for ten years. The grievance of the appellant in this appeal is that the conviction and sentence as passed by the learned trial-court is not just and proper and that respondent Nos. 2 & 3 are required to be convicted and sentenced under Section 302 of I.P.C. Since the conviction under Section 302 I.P.C. will involve a sentence of imprisonment exceeding ten years, the 2 matter is required to be heard by Division Bench. Accordingly, this appeal may be listed before the appropriate Division Bench. Mkr. (C.M. Prasad, J.)