RAM PRASAD RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The learned counsel for the petitioner submits that the petitioner no.1 died during the pendency of this revision application and he seeks permission to delete his name. The learned counsel for the opposite party does not convert this fact. The learned counsel for the petitioners is permitted to delete the name of petitioner no.1 Ram Prasad Rai. The accused petitioners have preferred this revision application against the judgment and order dated 27.07.2002 passed by the learned 8th Additional Sessions Judge, Patna in Cr. Appeal No.236/2000 by which the judgment and order dated 31.08.2000 passed by the learned Judicial Magistrate, 1st class, Danapur in G.R.No.470/2001, Trial No.504/2000 has been confirmed with modification in the sentence.

(2.) On the basis of the written report of the informant, Danapur P.S. Case No.155/1991 was instituted against the petitioners. After investigation, charge-sheet was submitted. Cognizance was taken. After the trial, all the accused were convicted and sentenced to undergo S.I. for two years under Section 379 of the I.P.C. by the learned trial court. Against that order, the petitioners preferred Cr. Appeal No.236/2000. After hearing both the parties, the learned appellate court upheld the judgment of conviction passed by the learned trial court and the sentence of the petitioners was modified. The petitioner no.1 was directed to be released after executing a bond of two sureties for a period of one year for keeping peace and good behaviour and the sentence of other petitioners were reduced to a period of one year from two years under Section 379 of the I.P.C.

(3.) The learned counsel for the petitioner submits that the occurrence has taken place on 3.04.1991 and more than 20 years have passed and since then, the petitioners have suffering from mental agony. It has been further submitted that the petitioners have remained in custody for some time.