KARTIK SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) DATE : 11 -02 -2014 The two appellants have preferred this Appeal against their conviction for the offence under Section 307 of the Indian Penal Code and sentence to undergo rigorous imprisonment for five years and appellant Kartik Sah is further convicted for the offence under Section 324 of the Indian Penal Code and sentence to undergo rigorous imprisonment for one year. However, the sentences are to run concurrently as awarded on 28th September 2001 by the learned 1st Additional Sessions Judge, Saharsa in Sessions Trial No. 35 of 1996 arising out of Bakhtiarpur P.S. Case No. 100 of 1995.

(2.) AFTER some argument, learned counsel for the appellants chosen not to challenge the conviction but confined his submissions on the point of sentences mainly on the ground of a counter version wherein appellant, Kartik Sah also sustained simple injury and prosecution's side in the instant case were convicted for the offence under Section 323 of the Indian Penal Code and that apart in this case of the year 1995, the appellants have suffered mental agony financial loss besides detention at post conviction stage and prayed for sentence undergone.

(3.) HAVING regard to the facts and circumstances, subject to deposit of Rs.8,000/ - by the appellant, Kartik Sah and Rs.7,000/ - by the appellant, Ashok Sah, within three months, the sentences awarded to them is reduced as undergone. Out of the amount so deposited, Rs.5,000/ - each shall go to the two injured persons, if alive, otherwise his legal heir/heirs and remaining Rs.5,000/ - shall go to the District Legal Services Authority, Saharsa.