IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.164 of 2002
******
[Against the judgment and order
dated 17.1.2002 passed by the
learned Additional Sessions
Judge, Kishanganj in Cr. Appeal
No. 11 of 2001]
=======================================================
1. Diwakar Mitra son of Late Khetramohan Mitra resident
of Subhaspalli, Police Station Kishanganj, Post
Office Kishanganj, District- Kishanganj.
2. Chandan Kumar Das son of Late Fanindra Nath Das
resident of Dhobipatti Road, Line Kishanganj, Post
Office, Police Station and District- Kishanganj.
.... .... Petitioner/s
Versus
1. State Of Bihar
2. Lalita Devi wife of Ramashish Paswan, resident of
Dey Market, Police Station and District Kishanganj.
…. …. Opposite Parties
=======================================================
Appearance :
For the Petitioner/s : None.
For the State :Mrs. Indu Bala Pandey, APP.
=======================================================
CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL)
Amaresh Kumar Lal, J. The accused-petitioner has preferred
this revision application against the judgment
and order dated 17.1.2002 passed by the
learned Additional Sessions Judge, Kishanganj
in Cr. Appeal No. 11 of 2001 by which the
judgment of conviction and sentence dated
15.1.2001 passed by the learned Sub-divisional
Judicial Magistrate, Kishanganj in complaint
Patna High Court CR. REV. No.164 of 2002 dt.27-09-2011 2
case No. 2 C of 1995 has been confirmed and
the appeal has been dismissed.
2. The prosecution case, in brief,
is that on 22.10.1995 the accused petitioners
were damaging the house of the complainant-
opposite party no. 2 situated in the Dey
market which was protested by the complainant,
upon which the petitioners assaulted the
complainant with fist and slaps and she fell
down and became naked. The petitioners also
abused the complainant by calling caste name.
3. The complaint case No. 2 C of
1995 was filed in the Court of learned Chief
Judicial Magistrate for the offence punishable
under Sections 323 and 354 I.P.C. After
enquiry, cognizance was taken and summonses
were issued. After the trial, learned
Magistrate found and held that the complainant
has failed to prove the charge under Section
354 I.P.C. and she has established the charge
under Section 323 I.P.C. against both the
accused-petitioners and they were sentenced to
rigorous imprisonment for one year each under
Section 323 I.P.C. Against that judgment the
petitioners preferred Cr. Appeal No. 11 of
2001 before the learned Sessions Judge but
Patna High Court CR. REV. No.164 of 2002 dt.27-09-2011 3
later on it was heard by the learned
Additional Sessions Judge, Kishanganj and the
appeal has been dismissed and the judgment of
conviction and order of sentence passed by
the learned trial Court has been affirmed.
4. On perusal of the record it
appears that the learned trial Court has
considered the evidence adduced on behalf of
both the parties and had come to the
conclusion that the offence under Section 354
I.P.C. has not been established and the
petitioners have been found guilty under
Section 323 I.P.C. and have been sentenced to
undergo rigorous imprisonment for one year and
in the appeal also the conviction and the
sentence has been affirmed. Learned Appellate
Court has also considered the evidence on
record. It also appears from the record that
the petitioners have no criminal antecedent.
The occurrence has taken place in the year
1995 and since then the petitioners have been
suffering from mental agony. The petitioners
have also remained in custody for some time.
5. Considering the facts and
circumstances stated above, I do not find any
ground to interfere with the impugned order so
Patna High Court CR. REV. No.164 of 2002 dt.27-09-2011 4
far the conviction of the petitioners is
concerned, but in my opinion, it is a fit case
in which the sentence of the petitioners
should be modified. Accordingly, the sentence
of the petitioners is reduced to the period
already undergone in custody.
6. With the aforesaid modification
in the sentence, this revision application is
dismissed.
Patna High Court (Amaresh Kumar Lal, J.)
Dated 27th of September 2011
N.A.F.R/Kanchan