Upendra Sharma v. State of Bihar and Anr. - Synopsis
Ahir Mitra 2 Jul 2021

Upendra Sharma v. State of Bihar and Anr.

(2018) 2 SCC 472

Both the appellants, Upendra Sharma and Dasrath Sharma, were convicted under section 354 of the Indian penal code and sentenced to eighteen months of rigorous imprisonment, as well as convicted under section 323 of the Indian penal code and sentenced to six months of imprisonment.

According to the prosecution case, Krishna Kant Singh, a first-year T.P.S college student, was living in the house of Ram Jewan Sharma, and his elder brother, Krishna Nandan Singh, had come with his wife for treatment of an infant issue and was staying with him one month prior to the date of the occurrence. And while his brother was out shopping for medicines for the kid, his sister-in-law, Baby Kumara, was preparing meals, and his babhi was opening bottles to administer medicine to her child.

When he climbed to the roof of the house, he heard his bhabhi's sobs and saw Dasrath Sharma throwing his sister-in-law to the ground and pulling her saree. The appellants struck the informant with fists and squeezed his neck as soon as he tried to free her from their grip.

The issue raised in this case were, whether such assault was proved on the side of the petitioner, whether the defendant was guilty such act, such assault can be made a criminal offence and held punishable under the Indian Penal Code.

The appeal was granted, and all outstanding petitions, if any, were dismissed. Also, there will be no cost orders. The appeal was filed against a decision made by the high court on November 27, 2015, in which the high court issued non-bailable warrants of arrest for the appellant on an application for normal bail granted by the Trail court. And, under the law, there was no basis for the court to issue a non-bailable warrant of arrest for the appellant on the application submitted by Respondent No2. The contested order is overturned.

The appellant may dispute the application in front of the high court. And the court has the authority to issue orders based on the merits of NARENDRA PRASAD DATE's signature that has not been digitally checked. On the 13th of January, 2018, an application was submitted.

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