BISHNU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants were convicted for the offence under Section 395 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of ten years each by the 1st Additional Sessions Judge, Dumka vide his Judgment of conviction and order of sentence dated 19.4.1999 in Sessions Trial No. 76 of 1994. Against the said Judgment. the appellants have preferred the present appeal.

(2.) THE prosecution case in short is that on 13.8.1993, the informant and his family members were sleeping in his house. At about 1 :00 A.M., they woke up hearing the sound of continuous dog barking and then came out of the room. They saw that several dacoits have entered in the house after breaking the main gate and then started committing dacoity. It is alleged that the dacoits took ten cotton and tericott on sarees, two cartoon of soap and also gold and silver ornaments and cash worth Rs.1,300/ -.

(3.) MR . Sunil Kumar Mahto, teamed counsel appearing for the appellants, after arguing for a while on the merit of appeal submitted that there is nothing much to argue on the merit of the appeal challenging the conviction of the appellants and therefore, he confines his arguments on the question of sentence only. He submitted that the appellants have already suffered major part of the sentence by remaining in custody for about six years and they have suffered rigours of protracted tri -al for about five years during the trial before the Trial Court and the present appeal is also pending since 1999. Accordingly, he prayed that the sentence of ten years awarded by the Trial Court be reduced and modified suitably and after such a long lapse of time, the appellants be not sent to jail again when they have already suffered major part of their sentence.