HARI MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant and learned APP appearing on behalf of the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

(2.) This Criminal Appeal arises out of the judgment of conviction and order of sentence both dtd. 11/6/2012 in Sessions Trial Case No. 59 of 2012 whereby and whereunder learned Sessions Judge, Bokaro convicted the appellant for the offence under Ss. 323 and 425 of the Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for one year under Sec. 323 of the Indian Penal Code and RI for four years with fine of 1,000/- for the offence under Sec. 435 of the Indian Penal Code.

(3.) The appellant is the sole accused. At the very outset the learned counsel for the appellant confines his prayer and challenge only the quantum of sentence. He is not challenging the judgment of conviction. Mr. A.K. Sahani, the learned counsel submits that the appellant is none but the son of the informant. He is aged about 32 years on the date of judgment and now he would be of 44 years. He submitted that he is a married person having children and he has already remained in custody for a period of 11 months. As per him the occurrence had taken place on 16/1/2012 and for 12 years he has been facing the rigors of this criminal case, thus the sentence should be reduced.