RAVI RAJWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed by the appellant named above against the judgment and order dated 11-9-96 passed by Shri Awadesh Kumar Ojha, 5th Additional Sessions Judge, Dhanbad in S.T. No. 117 of 1996 whereby the appellant was found guilty for the offence punishable under Sections 399 and 402 of the I.P.C. and he was convicted and sentenced to undergo R. I. for four years under Section 399, I.P.C. and three years under Section 402, I.P.C. However, the sentences were ordered to run concurrently.

(2.) The prosecution case is that the appellant was apprehended by informant P. C. Jha, Officer-in-charge of Kendwadih P.S., at about 22.15 hours on 7-11-85 near the rope-way overbridge at Khaira Balihari Kachi Sadak where he appellant was making preparation along with other co-accused and unknown dacoits for committing dacoity and a knife is stated to have been recovered from the possession of the appellant and a country made pistol was also recovered from co-accused Santu Ghosh (since dead) who was also apprehended by the informant.

(3.) The learned counsel for the appellant has submitted that he does not intend to contest this appeal on merits but only on the quantum of sentence which is excessive and severe in the facts and circumstances of this case. It has also been submitted that this appellant was remanded to custody on 8-11-85 and he remained in custody till 8-12-88 when he was bailed out in this case. It has also been submitted that again this appellant has remained in custody from 27-7-96 to 19-9-96 and this appellant has remained in custody altogether for a period of three years and three months. It has also been submitted that considering the period already undergone by the appellant in this case a lenient view may be taken in the matter and this appeal may be dismissed modifying the sentence to the extent already undergone in custody by the appellant.