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Patna High Court – Orders
Pragash Sah & Anr. vs The State Of Bihar on 15 September, 2011
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CR. REV. No.944 of 2011
                  1. Pragash Sah
                  2. Kailash Sah
                     Both are sons of Late Mishri Sah, resident of
                     village- Purandaha Rajwara, P.S.- Sonbarsa,
                     District Sitamarhi.
                                                       ... Petitioners.
                                                   Versus
                   The State Of Bihar           .... Opposite Party.
                               ------

For the Petitioners :Mr. Surya Narayan Sinha,
Sr. Adv
:Mr. Vikash Kumar, Adv.

:Mr. Shikha Rai, Adv.

For the State :Mrs. Indu Bala Pandey, APP

——

3. 15.09.2011 The accused-petitioners have preferred this

revision application against the judgment and order dated

31.3.2011 passed by the learned Additional Sessions Judge,

FTC-I, Sitamarhi in Cr. Appeal No. 92 of 2009 by which the

judgment of conviction and order of sentence dated

7.11.2009 passed by the learned Judicial Magistrate, 1st

Class, Sitamarhi in G. R. No. 1090 of 2002 , Trial No. 35 of

2009 convicting and sentencing the petitioners to undergo

imprisonment for 15 days under Section 341 I.P.C, six

months under Section 323 I.P.C., rigorous imprisonment for

three years and a fine of Rs.500/- under Section 325 I.P.C.

and in default of payment of fine to undergo further

imprisonment for nine months and imprisonment for one

year under Section 504 I.P.C., all the sentences to run
2

concurrently, has been confirmed and the appeal has been

dismissed.

The prosecution case, in brief, is that on 15.8.2002

at about 7 p.m. the informant, Manoj Mishra was returning

after seeing his field and when he reached on luchka

situated west of his village Rajbara on pitch road, he was

caught hold and abused by the accused petitioners and they

started to assault him indiscriminately with danda. Due to

assault the informant fell down and raised alarm, villagers

reached there and saved him. During assault, his wrist watch

and ring fell down which were taken by the accused

Pragash Sah. The cause of occurrence is demand of money

which was demanded by the informant from the accused

petitioners.

On the basis of fard beyan of the informant,

Sonbarsa P. S. Case No. 60 of 2002 was instituted. After

investigation charge-sheet was submitted, cognizance was

taken and the case was committed to the court of session.

After trial, the accused petitioners were convicted and

sentenced as aforesaid, against which the petitioners filed

Cr. Appeal No. 92 of 2009, which has been dismissed

confirming the order of conviction and sentence passed by
3

the learned trial court.

Learned counsel for the petitioners has submitted

that the case is of the year 2002 and the petitioners have

been suffering from mental agony, as such, this case may be

disposed of at this stage itself. Lower court records have

already been received.

Learned counsel for the State has got no objection.

Learned counsel for the petitioners has submitted

that the order of conviction and sentence passed by the

learned trial Court has been confirmed by the learned

appellate Court and there is no material on record to show

that the accused – petitioners have any criminal antecedent.

The occurrence is of dated 15.8.2002, more than nine years

have passed and the petitioners have been suffering from

mental agony. They have also remained in custody for some

time. It is a fit case in which the sentence should be

modified.

Learned counsel for the State could not controvert

the contention of learned counsel for the petitioners.

After hearing learned counsel for both the parties

and on perusal of the record, it appears that the petitioners

have no criminal antecedent. They have also remained in
4

custody for sometime. The occurrence has taken place in the

year 2002 and more than nine years have passed and the

petitioners have been suffering from mental agony.

Considering the facts and circumstances, in my

opinion, it is a fit case in which the sentence should be

modified and accordingly the sentence of the petitioners is

reduced to the period already undergone in custody and a

fine of Rs.2000/- each. The petitioners are directed to pay a

sum of Rs.2000/- each in the learned trial Court which will

be payable to the informant, Manoj Mishra who is the

victim in this case and in default of payment of fine, they

will serve out the sentence as imposed by the learned trial

Court. The petitioners are directed to be released on

furnishing the receipt showing the deposit of Rs.2000/- each

in the learned trial Court and if they are not warranted in

any other case.

With the aforesaid modification in the sentence,

this revision application is dismissed.

Kanchan                          (Amaresh Kumar Lal, J.)
 

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