Criminal Appeal (SJ) No.145 of 1998
Against the judgment and order of conviction and sentence
dated 20. 02. 1998, passed by Sri Sohailur Rahman, District
& Sessions Judge, Madhubani, in Sessions Trial No. 226 of
1992.
1. Ghuran Yadav, son of Jagrup Yadav.
2. Pitambar Yadav.
3. Achhay Yadav, son of Rawan Yadav.
4. Bhutai Yadav, son of Balgobind Yadav.
5. Binda Yadav.
All of Village- Nakatti West, P.S. Raj Nagar, District-
Madhubani.
.... .... Appellants.
Versus
The State Of Bihar
.... .... Respondent.
For the Appellants : Mr. Ashutosh Kumar, Advocate.
Mr. Chandra Mohan Jha, Advocate.
For the Respondent
State : Mr. Sujit Kumar Singh, A.P.P.
PRESENT
THE HONOURABLE MR. JUSTICE GOPAL PRASAD
Gopal Prasad, J. Heard learned counsel for the appellants and
learned counsel for the State.
2. The appellants have been convicted for
offence under Sections 354 and 323 I.P.C. and sentenced
to undergo rigorous imprisonment for to years and one
year for offence under Section 354 and 323 I.P.C.
3. Learned counsel for the appellants however
contends that main accused Ghuran Yadav has remained
in jail for a period of one year two months and sixteen
days. Other appellants have been remained in jail for
2
two years and hence contends that appellants suffer a lot
due to criminal case since 1988.
4. Hence having regard to the facts and
circumstance, end of justice shall meet by sentencing the
appellants for the period already undergone.
5. Hence, with this modification of sentence,
this appeal is dismissed.
Patna High Court, ( Gopal Prasad, J.)
The 16th September, 2011.
NAFR/m.p.
