Supreme Court of India

Kusho Mahton And Anr. vs State Of Bihar on 7 February, 1980

Supreme Court of India
Kusho Mahton And Anr. vs State Of Bihar on 7 February, 1980
Equivalent citations: AIR 1980 SC 788, 1980 CriLJ 313, 1980 Supp (1) SCC 344
Author: R Sarkaria
Bench: O C Reddy, R Sarkaria


JUDGMENT

R.S. Sarkaria, J.

1. After hearing counsel for the parties, we are of opinion that the appellants have been rightly convicted under Section 395, Indian Penal Code, because while carrying away the stolen property they exploded cracker to frighten the inmates of the house who wanted to pursue them. All the appellants are young men and it is stated that they have already served a sentence of about one and half years. There was no attempt to cause injury to any of the inmates of the house or other persons at the time of the commission of the offence or even thereafter. Taking into consideration all the circumstances of the case we are of opinion that the ends of justice will be served if the sentence is reduced to imprisonment already undergone. Subject to this reduction in the sentence the appeal is dismissed. The bail bonds are discharged.