ARUN KUMAR GUPTA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) In the present writ petition the petitioner has prayed for quashing the order dated 04.08.2017 passed by the Commissioner, State Election Commission, Bihar, Patna in Case No.31 of 2017 by which he has declared the petitioner unfit from the post of member, Zila Parishad, Sheohar on the ground that he has been convicted for a maximum period of two years and the same has been upheld by the appellate court.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner was made an accused in Sheohar P.S. Case No. 5 of 2008 in which charges were framed against him for the offences punishable under Sections 323, 341 and 379 of the Indian Penal Code. After holding the trial, the Sub Divisional Judicial Magistrate, Sheohar convicted him for the aforesaid offences and he was awarded sentence of simple imprisonment of one year and fine of Rs.500/- under Section 323 of the Indian Penal Code, simple imprisonment of one month and fine of Rs.100/- for the offence under Section 341 of the Indian Penal Code and simple imprisonment for two years for the offence under Section 379 of the Indian Penal Code as well as fine of Rs.5, 000/-. The judgment of conviction and order of sentence was challenged before the learned Sessions Judge, Sheohar in Cr. Appeal No.8 of 2017 and the appellate court upheld the conviction and sentence passed by the Sub Divisional Judicial Magistrate, Sheohar. The judgment passed by the appellate court was challenged in revision before this Court in Cr. Revision No.842 of 2017 and this Court vide its judgment dated 20th November, 2017 while upholding the judgment of conviction passed by the court below modified the sentence awarded to the petitioner for all the aforesaid offences to the period already undergone but the fine under Section 379 of the Indian Penal Code has been increased to Rs.15, 000/- out of which 80% of the fine has been allowed to be given to the informant.