DEV KANT SINGH AND ANR. Vs. STATE

JUDGEMENT

(1.) The petitioners, who are full brothers, besides 5 others, were put on trial in connection with G.R.No. 974 of 1996/Tr. No. 415 of 2003 with respect to an occurrence alleged to have taken place on 7.7.1996 at 7 A.M. in the morning. The opposite party no.2 Hari Shankar Mahto lodged aforesaid criminal case with respect to the aforesaid occurrence dated 7.7.1996 and claimed that he was assaulted by the accused persons including these two petitioners, as a result of which he had sustained injuries on his person. On conclusion of trial, by the judgment and order dated 20.2. 2003 passed by the learned Judicial Magistrate, 2nd Class, Samastipur, in aforesaid G.R. No. 974 of 1996/ Tr. No. 415 of 2003, the petitioner no.1 Dev Kant Singh was held guilty for charges under Sections 341, 323 and 504 of the Indian Penal Code and petitioner no.2 Uma Kant Singh was held guilty for charges under Sections 341 and 324 of the Indian Penal Code. However, 5 other co-accused persons were acquitted for the charges framed against them. Petitioner no.2 Uma Kant Singh was also acquitted for charge under Sec. 379 of the Indian Penal Code. Accordingly, petitioner no.1 Dev Kant Singh was sentenced to undergo Simple Imprisonment for three months for his conviction under Sec. 341, Simple Imprisonment for six months for his conviction under Sec. 323 and Simple Imprisonment for six months for his conviction under Sec. 504 of the Indian Penal Code. Similarly, petitioner no.2 Uma Kant Singh was sentenced to undergo Simple Imprisonment for a period of three months for his conviction under Sec. 341 and Simple Imprisonment for one year for his conviction under Sec. 324 of the Indian Penal Code. The sentences passed against the petitioners were directed to run concurrently.

(2.) The petitioners, being aggrieved by the aforesaid judgment of conviction and order of sentence passed by the learned trial court, preferred Cr. Appeal No. 24 of 2003, which has finally been dismissed with certain observations and modifications in the judgment of conviction and order of sentence, by the impugned judgment dated 4.8.2008 passed by the learned 1 st Additional sessions Judge, Samastipur. By the impugned judgment, the learned lower appellate court has set aside the judgment of conviction and order of sentence passed against petitioner no.1 Dev Kant Singh for offences under sections 504 and 341 of the Indian penal Code. Similarly, the judgment of conviction and order of sentence passed against petitioner no.2 for offence under Sec. 341 of the Indian penal Code has also been set aside. However, conviction under section 323 of the Indian Penal code against petitioner no.1 and conviction under Sec. 324 of the Indian Penal Code against petitioner no.2 have been affirmed, but the sentence under Sec. 323 of the Indian Penal Code against the petitioner no.1 has been reduced to three months and similarly sentence under Sec. 324 of the Indian Penal Code against the petitioner no.2 has been reduced to six months, which are subject matter of challenge in the present revision application.

(3.) During the pendency of this application, both the petitioners surrendered on 22.9.2008 before the learned trial court for serving out their sentence, but both the petitioners were directed to be released on bail by an order dated 30.9.2008 passed in the present proceeding by a Bench of this Court, and, accordingly, they are enjoying the privilege of bail.