High Court Patna High Court - Orders

Baski Kumar vs The State Of Bihar on 28 April, 2011

Patna High Court – Orders
Baski Kumar vs The State Of Bihar on 28 April, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CR. REV. No.460 of 2011
                     BASKI KUMAR SON OF LATE BANBARI KUMAR,
                     RESIDENT OF VILLAGE-SAHTHA, P.S. BHAGWANPUR,
                     DISTRICT-VAISHALI.                         ....PETITIONER.
                                              Versus
                   THE STATE OF BIHAR.                  .......OPPOSITE PARTY.
                                            -----------

03. 28.04.2011 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 present revision

application is being disposed of at this stage itself.

Petitioner herein was put on trial vide T.R. No. 155

of 2000 for the charge(s) punishable under Section 3(a) of the

R.P. (U.P.) Act. Eight witnesses were examined besides

exhibiting documents to prove the charge(s). On a consideration

of the matter, learned trial court (Judicial Magistrate First Class

Kiul) found the petitioner guilty under the aforesaid charge and

sentence to under go R.I. for 1 year. Aggrieved by the aforesaid

judgment and order, the petitioner preferred appeal no. 167 of

2000. Learned appellant court confirmed the findings of guilt

and dismissed the appeal.

It is submitted that at the time of conviction

petitioner was found aged about 60 years. Occurrence, as per

prosecution case, had taken place on 26.12.1987. The trial of the

petitioner consumed closed to 13 years. Referring to judgment, it

is submitted that there is no past conviction recorded against

him. It is thus submitted that the petitioner deserves lesser

quantum of sentence for the proven charge(s).

Learned A.P.P. on the other hand, submits that there
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have been concurrent findings of guilt recorded by the court

below, which cannot be said to be perverse and/or illegal.

I have heard the submissions made on behalf of the

parties. Learned counsel for the petitioner is right in his

submission that the trial court consumed more than 13 years.

Fighting criminal litigation for a long time is a shade of

punishment as during these periods the litigant has to suffer the

rigorous/ordeal of trial and also to face several excruciating

circumstances having telling effects on the economical as well as

mental condition of the litigant. He is further right in his

submission that no previous conviction was found and recorded.

It appears that at the time of recording conviction he was

assessed 60 years of age. Such assessment was made in the year

2000. We are in the year 2011. Obviously petitioner is over 70

years of age. This Court is, thus, satisfied that a lesser quantum

of sentence, in the facts and circumstances of the case, would

subserve the ends of justice.

Accordingly, while upholding the judgment and

order of conviction passed by learned trial court and duly

affirmed by the lower appellate court the sentence awarded

thereunder is reduced to R.I. for 04 months. Other

part(s)/condition(s) of sentence, if any, shall remain intact.

With this modification in sentence only, the

application is dismissed.

Devendra/                                               ( K.K. Mandal, J.)