IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21448 of 2011
Saryu Yadava @ Saryu Yadav @ Saryug Yadav
Versus
The State Of Bihar
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02. 06.07.2011 By filing this application, the petitioner has sought
modification in the order dated 04.01.2011, passed in Cr. Rev.
No. 1683 of 2010.
It is submitted that petitioner was tried under
diverse sections of the Penal Code including sections 148 and
324, but was acquitted of the charge punishable under sections
148 and 324 IPC and was convicted under sections 147, 323 and
341 IPC. It is contended that this Court by mistake in paragraph
4 at page 1 of the order dated 04.01.2011 noted that petitioner
was held guilty under section 148/324 IPC. Accordingly, in
concluding paragraph the sentence awarded on him under
section 148/324 of IPC was reduced to R.I. for six months.
Learned counsel submits that reduction in sentence was granted
under section 147 IPC wherein petitioner was awarded sentence
to undergo R.I. for six months. It is pointed out that considering
the period of sufferings undergone by the co-convicts in facing
the trial and appeal, this Court in Cr. Rev. No. 1610/2010
reduced the sentence of the co-convicts from S.I. six months to
S.I. three months. Learned counsel for the petitioner handed in a
copy of the order passed by this Court in Cr. Rev. No.1610 of
2010 which is placed on record marked „X‟.
Leaned APP on going through the judgment
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impugned in the revision application and the copy produced by
the petitioner, does not disputes the submissions of the
petitioner.
Accordingly, this Court modifies the penultimate
paragraph of the order dated 04.01.2011 passed in Cr. Rev.
No.1683/2010 starting from “Accordingly….. to remain intact”
by the following order:
Accordingly while upholding the conviction so
recorded by the trial court and duly affirmed by appellate
court, the sentence awarded under section 147 IPC is
reduced to R.I. for three (03) months. Other
part(s)/condition(s) of sentence shall remain intact.
The order dated 04.01.2011 passed in Cr. Rev.
No.1683 of 2010 is modified/clarified to that extent.
Let this order be communicated by fax at the cost of
the petitioner.
( Kishore K. Mandal )
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