BHARATH CHAUHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The accused petitioner has preferred this revision application against the judgment and order dated 25.07.2002 passed by the learned Additional Sessions Judge, III, Aurangabad in Cr. Appeal No.121/98/164/2001 by which the appeal has been dismissed and the order of conviction and sentence dated 19.09.1998 passed by the learned Judicial Magistrate, Ist Class, Aurangabad in G.R.No.1387/95, Trial No.246/1998 has been confirmed. Heard the learned counsel for the petitioner and the learned counsel for the State and perused the records, it appears that after the trial, the petitioner has Patna High Court CR. REV. No.796 of 2002 dt.09-12-2011 2 been convicted and sentenced to undergo R.I. for six months under Section 411 of the I.P.C. The judgment of conviction and sentence has been confirmed by the appellate court. It has been found that the petitioner has not been convicted previously. He has also been remained in custody for about one month during the period of pre and post trial. The offence has been committed on or about 17.09.1995. More than 16 years have passed and the petitioner has been suffering from mental agony.

(2.) Considering the facts and circumstance, the sentence of the petitioner is reduced to the period undergone in custody.

(3.) With this modification in the sentence, this revision application is dismissed.