BISHWANATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE single petitioner before this court stands convicted under Section 325 of the Penal Code and sentenced to rigorous imprisonment for one year.

(2.) ACCORDING to the prosecution case on 4.3.1987 when the informant went to ease himself he saw the petitioner along with three other accused persons digging the earth from a piece of railway land over which he had sown khesari. The informant objected to the accused taking earth from there for constructing their huts. This led to an altercation following which the informant was assaulted by the accused by fists and slaps and was also hit with a stick causing fracture of his right ulna bone.

(3.) HAVING heard learned counsel for the petitioner and having perused the judgments of the courts below, I find that the petitioner 's conviction has been arrived at on a proper appraisal of the evidence and it warrants no interference by this court in exercise of its revisional jurisdiction. The conviction of the petitioner is accordingly confirmed. However, on the question of sentence it may be noted that the occurrence took place on 4.3.1987, that is to say more than 11 years ago. It is true that the occurrence led to the fracture of the right hand of the informant but its genesis lay in a very trivial dispute. The petitioner has remained in jail for about ten days. He came out of the jail about two years ago when he was granted bail on the direction of this court at the time of admission of this Criminal Revision on 20.6.1996.