RAM BAHAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The present application has been filed by the petitioners against the order dated 21. 7. 1994 passed by ivth Additional Sessions Judge, chapra in Session Trial No, 298/1987 rejecting the prayer made on behalf of the petitioners to deposit the fines awarded by this Court against them in cr. Appeal. No. 43 of 1993 on the ground that the time for depositing the fine as ordered by the Hign Court has expired and unless the period is extended by the High Court he has no power to permit them to deposit their fine. In the petition it is also prayed that the period for depositing the fine may be extended by this Hon'ble court in exercise of the power under section 482, Cr. P. C.

(3.) The necessary facts for disposal in this case are that the five petitioners alongwith one Yogendra Singh were put on trial before the Fifth Additional sessions Judge, Chapra, in Sessions trial No. 298/1987 for the offence under Section 302/149/148/147/324/323 i. P. C. and 27 of the Arms Act. Yogendra singh was convicted under Section 304 (Part-I) , I. P. C. and was sentenced to undergo rigorous imprisonment for ten years and also to pay a fine of Rs. 1000 and in default to suffer further imprisonment for two years. He was also convicted under Section 27 of the arms Act and was sentenced to undergo rigorous imprisonment for one year. The five petitioners were convicted under Section 304 (Part-I) read with section 149 I. P. C. and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1000/-each and in default to undergo rigorous imprisonment for two years. Petitioners Nagendra Singh, Pashupati singh Munna Singh and aforesaid yogendra Singh were convicted under section 148 I. P. C. and were sentenced to undergo rigorous imprisonment for one year each and petitioners nagendra Singh, Pashupati Singh and birendra Singh were also convicted under Section 324 I. P. C. and were sentenced to undergo rigorous imprisoners Ram Bahal Singh and munna Singh were convicted under sections 147 and 323 LP. C. and were sentenced to undergo rigorous imprisonment for one year each. The sentences passed against each of the accused including the five petitioners were ordered to run concurrently. The petitioners and aforesaid Yogendra singh filed the aforesaid Cr. Appl. No. 43 of 1993 and the same was finally disposed of by this Court on 24th march, 1993 by Hon'ble Mr. Justice narinder Singh Rao, who has since retired. The appeal of aforesaid yogendia Singh was dismissed without any modification whereas appeal of other petitioners were dismissed with some modification. The conviction of the petitioners under section 304 (Part-I) read with Section 149, I. P. C. was set aside. Similarly, the conviction of petitioners Nagendra Singh, Pashpati Singh, Birendra Singh and aforesaid Yogendra Singh under Section 148 ana petitioners Ram Bahal singh and Munna Singh under Section 147 I. P. C. was also set aside. The conviction of petitioners Nagendra Singh, pashpati Singh and Birendra Singh under Section 324 I. P. C. and conviction of petitioner Ram Bahal Singh and munna Singh under Section 323 I. P. C. was affirmed. The conviction of petitioner Pashpati Singh under section 27 of the Arms Act was also affirmed. The sentence awarded against petitioners Nagendra Singh, Pashpati singh and Birendra Singh under Section 324 I. P. C. was reduced to the period already undergone and they were directed to pay a fine of Rs. 1,000. 00 each and in default of payment of fine they were directed to undergo further rigorous imprisonment for six months each. The sentence of petitioners Ram Bahal Singh and munna Singh under Section 323 I. P. C. was also reduced and each of them was fined of Rs. 500. 00 and in default of payment of fine they were directed to undergo rigorous imprisonment for three months. The sentence awarded under Section 27 of the Arms Act to petitioner Pashpati Singh was also reduced to the period already undergone by him. This Court also directed that in case of realisation of fine from the appellants the same should be paid to the widow of the deceased and other injured witnesses. This Court directed the petitioner to deposit the fine in the Trial Court by 20th May, 1993 failing which they shall surrender in that Court on 21st May, 1993. This court further ordered that if they did not deposit their fine or surrender within the time the Trial Court will take immediate steps in getting them arrested for being sent to jail for undergoing their sentence in lieu of their fine. Admittedly, the petitioners did not deposit their fine within the time as ordered by this Court. It is stated on behalf of the petitioners that S. L. P. petition filed against the afroresaid judgment of this court was dismissed on 24. 9. 93 being S. L. P. No. 1275/93. According to learned counsel for the petitioners, they did not deposit the fine due to wrong legal advice and now they are ready to deposit the same and as such the time for depositing the fine may be extended by this Court in exercise of inherent power under section 482 Cr. PC. According to learned counsel for the petitioners his prayer is not for review or recall the judgment passed by this Court. He only wants modification in the order portion of the judgment fixing time for deposition of fine. In support of his submission he relied upon a judgment of this court reported in 1961 Patna 138, baijnath Kurmi and another v. The Stare as well as a Division Bench Judgment of Andhra Pradesh High Court reported in 1964 Andhra Pradesh 448, mirza Saif All Khan v. Board of revenue Government of Andhra pradesh and another.