IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.429 of 2011
1. AMBIKA SINGH S/O- LATE BKHORI SINGH
2. PANKAJ SINGH, S/O- AMBIKA SINGH
BOTH RESIDENTS OF VILLAGE- NEYA, P.S.- MUFASSIL,
DISTRICT- NAWADAH.
Versus
THE STATE OF BIHAR
For the petitioners : Mr. Pramod Mishra, Advocate.
For the State : Mr. Mukeshwar Dayal, APP
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2 08.04.2011 After hearing both the sides, this Court is
satisfied that matter requires consideration only on the
question of sentence.
Hence Rule confined to question of sentence
only.
Learned A.P.P. waives notice on behalf of the
State.
With the consent of the parties, the application
is being finally disposed of at this stage.
Petitioners herein are father and son. They are
aggrieved by the judgment dated 13.1.2011 passed in Cr.
Appeal No. 22/2001/13/2010 by learned Addl. Sessions
Judge-cum-Fast Track Court No. II, Nawada whereby the
appeal preferred by the petitioners stood dismissed with
modification in sentence. For an occurrence that had taken
place on 7.9.1998 , petitioners herein along with some other
accused persons were put on trial vide Tr. No. 1110/2001.
Four witnesses were examined on behalf of the complainant
(P.W. 2). The three injureds namely P.Ws. 1, 2 and 3
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supported the prosecution case. On a consideration of the
materials on record, learned Trial Court found and held them
guilty under Sections 147, 323 and 452 of Indian Penal
Code and sentenced to undergo R.I. for 01 years, R.I. for 06
months and R.I. for 02 years respectively. Aggrieved over
the aforesaid judgment and order of conviction, they
preferred appeal which was dismissed with modification in
sentence. Learned Appellate Court concurred with the
findings of guilt recorded by the learned Trial Court.
However the sentence awarded under Sections 147, 323
and 452 of Indian Penal Code was/were reduced to fine of
Rs. 500/-, fine of Rs. 1000/- and R.I. for 06 months with fine
having default clause respectively.
Learned counsel submits that admittedly the
occurrence had taken place on account of land dispute as
has been admitted in the complaint. The said occurrence
had taken place on 7.9.1998. The trial of the petitioner
consumed over three years. The appeal thereafter remained
pending for 09 years. It is submitted that fighting criminal
litigation for a long time and thereby to undergo
rigours/ordeal thereof is a shade of punishment which need
to be kept in focus. It is submitted that petitioner No. 1 was
found aged about 62 years at the time of recording
conviction. It is said that he is now close to 70 years of age.
Learned APP, on the other hand, submits that
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there is/are concurrent findings of guilt recorded by the two
Courts below which have not been shown to be perverse
meriting interference on merit. It is submitted that reasons
have been assigned by learned Trial Court for not giving the
petitioner benefit of the provisions under Section 360 of the
Code.
I have considered the submissions made on
behalf of the parties and perused the two judgments
impugned in this proceeding. It is obvious from the materials
on record that for more than three years, the petitioner had
to undergo rigours of trial. Petitioner No. 1 was found aged
about 62 years at the time of conviction. It appears from
Trial Court judgment that they are the first convicts.
Occurrence had taken place on account of bona fide land
dispute between the parties. Considering all these aspects
of the matter, this Court is satisfied that they deserve
consideration on the question of the sentence.
Accordingly, while upholding the conviction
recorded by the learned Trial Court and duly affirmed by
learned Lower Appellate Court, the sentence awarded to the
petitioners by learned Appellate Court is reduced as under:
(i) Petitioner No. 1 shall undergo R.I. for 02
months under Section 452 of Indian
Penal Code. Other part/conditions of
sentence shall remain intact/unaltered.
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(ii) Petitioner no. 2 shall undergo R.I. for 04
months under Section 452 of Indian
Penal Code. Other part(s)/condition(s) of
the sentence shall remain
intact/unaltered.
With this modification in sentence, the
application is dismissed.
( Kishore K. Mandal, J)
pkj