GAMA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the petitioners. However, I have heard learned counsel for the State. Since it is a revision application of the year 1993, I propose to dispose it of on its own merit even in absence of the learned counsel for the petitioners. Both the petitioners have been convicted by the learned trial Court for an offence under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months each. However, in appeal, the conviction of the petitioners has been maintained but, the sentence for a term of six months has been reduced to a period of three months.

(2.) It appears that the occurrence had taken place on 28.6.1990 on account of the land dispute and the petitioners are alleged to have given lathi blow on the head of the informant and his son Muna. From the lower Court records, it appears that the petitioners after their conviction being maintained by the learned appellate Court surrendered in the Court below on 10.9.1993 and ultimately bail was granted to the petitioners during the pendency of this application by this Court on 15.10.1993. Thus, it appears that the petitioners have remained incarcerated for more than a month as against a term of three months.

(3.) Considering the facts and circumstances of the case and also seeing the age of the case, in my opinion, the ends of justice will be met by reducing the sentence passed against the petiti-oners to the period already suffered by them.