JUBAIR Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The present appeal under the proviso to Sec. 372 of the Code of Criminal Procedure (for short "Cr.P.C.") has been preferred by the appellant against the judgment dated 12th May, 2015 passed by the learned 1st Additional Sessions Judge, Sitamarhi in Cr. Appeal Nos. 14/07/08/07 whereby while maintaining the conviction of respondents No. 2 to 4 under Ss. 341, 323 and 324/34 of the Indian Penal Code awarded by the trial court, the sentences have been modified. The respondents No. 2 to 4 were convicted by the jurisdictional Magistrate under Ss. 341, 323 and 341/34 of the Indian Penal Code and sentenced to undergo simple imprisonment for one month under Sec. 341, simple imprisonment for one year under Sec. 323 and rigorous imprisonment for three years under Sec. 324 of the Indian Penal Code. However, while upholding the conviction of respondents No. 2 to 4, the appellate court modified the sentences by awarding a fine of Rs. 100/ -, 500/ - and 5,000/ - for the offences under Ss. 341, 323, 324/34 of the Indian Penal Code.

(2.) In my view, the instant appeal under the proviso to Sec. 372 Cr.P.C. is thoroughly misconceived.

(3.) The proviso to Sec. 372 Cr.P.C. reads as under: - -