High Court Patna High Court - Orders

Krishana Prasad vs The State Of Bihar on 10 August, 2010

Patna High Court – Orders
Krishana Prasad vs The State Of Bihar on 10 August, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CR. REV. No.1698 of 2009
          KRISHANA PRASAD S/O- LATE DWARIKA PRASAD, R/O- VILLAGE
          MARCHAHIA TOLA, P.S.- BHAGWANPUR BAZAR, DISTRICT- CHAPRA.
                                           Versus
                                 THE STATE OF BIHAR
                                         -----------

13 10.08.2010 Heard both sides.

Rule confined to question of sentence.

Learned APP waives notice on behalf of the State.

Lower Court’s records have already been received.

With the consent of parties, the application is being disposed of at

the admission stage itself.

In view of the submissions advanced on behalf of the

petitioner and the order this Court proposes to pass, there is no

need to set out the facts leading to the present case in extenso.

In respect of an occurrence that had taken place on 1.11.1996,

the petitioner was proceeded against and tried by the learned

Trial Court vide Tr. No. 150 of 2008 for an offence punishable

under Section 3 of the R.P. (U.P.) Act. He was allegedly found in

company of a person from whom certain railway property worth

Rs. 115/- was/were recovered.

At the trial, four P.Ws were examined. On

consideration of the materials brought on record, learned Trial

Court found and held him guilty under the aforesaid section and

sentenced to undergo R.I. for 01 year.

Aggrieved by the aforesaid order, petitioner preferred

appeal being Cr. Appeal no. 22 of 2008. The appellate court
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rescanned the evidence on record and found that the judgment

and order of conviction was passed on legal appraisal of the

prosecution evidence. Consequently, the appeal was dismissed

without any relief to the petitioner.

Learned counsel for the petitioner submits that the

trial consumed more than 12 years. All these years, he was made

to undergo rigours of trial. According to him, this is a shade of

punishment which has to be borne in mind while inflicting

sentence for the charges which have been proved at the trial.

Referring to the order of the trial court, it is submitted that the

petitioner has not been found to be previously convicted. Learned

counsel further highlights that the petitioner, at the time of

conviction, was found aged about 35 years. It is thus contended

that the petitioner, for the charges proved at the trial, deserves a

lesser punishment.

Learned A.P.P., on the other hand, submitted that

there is no illegality in the two orders passed by the learned two

courts below and as such they do not merit interference.

Learned counsel for the petitioner submits that the

petitioner is in custody for about 10 months. Learned A.P.P., on

perusal of the records concedes to the aforesaid submission.

Having considered the submissions advanced on

behalf of the parties and after going through the materials placed

on record, this Court is satisfied that a lesser punishment in the

facts and circumstances of the case shall meet the ends of
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justice. The petitioner herein is thus sentenced to the period

already undergone by him. The petitioner shall be released forth

with if not required in any other case.

With this modification in sentence only, the application

is dismissed.

Let the office transmit the present order and the lower

Court’s records to the court below with promptitude.

( Kishore K. Mandal, J. )
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