RAMESH CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties. This revision application is directed against the judgment and order of conviction and sentence passed against the petitioners, dated 13.8.1993 by the Appellate Court in Criminal Appeal No. 103/90 and 8/92, whereby and where under, the learned appellate Court has affirmed the judgment and order of conviction and sentence passed against the petitioners under Section 323 of the Indian Penal Code and has set aside the order of conviction and sentence passed against them under Section 341 of the Indian Penal Code. It appears that the petitioners have been convicted under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months each.

(2.) It appears that this application was admitted only on the question of sentence. The alleged occurrence had taken place on 25.5.1987, where the petitioners are alleged to have beaten the informant on account of the previous animosity. Learned counsel appearing on behalf of the petitioners submitted that the petitioners have suffered imprisonment for about ten days and they have also faced the trial right from 1987.

(3.) Considering the facts and circumstances of the case and also considering the fact that the petitioners have remained incarcerated for about ten days and they have also suffered a lot since 1987, in my opinion, the ends of justice will be met if, the sentences passed against the petitioners are reduced to the period already suffered by them.