RAMDEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the order and judgment dated 24.4.2000, passed by the 4th Additional Sessions Judge. Nawadah in Criminal Appeal No. 67/96/6/99 affirming the order of conviction dated 27.11.1996, passed by the Judicial Magistrate, 1st Class, Nawadah in G.R. Case No. 1151/90/ Tr. No. 899/96. The Appellate Court has reduced the sentence passed by the trial Court to a sentence of one year under Section 325 of the IPC awarded against petitioner Nos. 1 and 2. The sentence of Vishwanath Prasad, petitioner No. 3 was reduced to six months for offences under Sections 147 and 323 of the IPC. Petitioner Nos. 1 and 2 were also convicted and sentenced under Sections 323 and 147 of the IPC and sentenced to RI for six months.

(2.) It has been submitted that the petitioners have faced the trauma of litigation from the trial Court to the Appellate Court and finally to this Court for last almost ten years, and so a lenient view may be taken. So far order of sentence is concerned this is for an occurrence which took place on account of minor altercation due to cutting of ridge from the village of the complainant. So far the order of conviction is concerned the two lower courts having held concurrently on the basis of evidence on record, there is no question of revision the findings of fact. So far as sentence is concerned, it has been submitted that the petitioner Nos. 1 and 3 remained in custody at least for one month and some days after result of the appeal and grant of bail by this Court in revision.

(3.) In view of the aforesaid facts and circumstances, this revision application is dismissed. So far as the order of conviction is concerned. But so far sentence is concerned, I think confinement of the petitioners after result of appeal and before grant of bail by this Court shall meet the ends of justice. Petitioner No. 3 was already released. The order of sentence is modified to the period suffered by the revisionists as stated above.