IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.991 of 2011
Sheo Jogi Yadav son of Late Khedaru Yadav,
resident of village Ram Dathi, P.S. Sahpur,
District- Bhojpur.
.... Petitioners.
Versus
The State Of Bihar ... Opposite Party
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For the petitioner : Mr. Bhavesh Kumar,Adv.
For the State :Mr. S. Pd. Singh, A.P.P.
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3. 12.09.2011 The accused-petitioner has preferred
this revision application against the judgment
and order dated 17th June 2011 passed by the
learned Additional Sessions Judge, III,
Bhojpur, Ara in Cr. Appeal No. 6 of 1997 by
which the judgment of conviction and order of
sentence dated 28.1.1997 passed by the learned
1st Assistant Sessions Judge, Ara in Sessions
Trial No. 512 of 1989 has been confirmed and
the appeal has been dismissed.
The matter has come for hearing on
the matter of grant of bail. Learned counsel
for the petitioner has submitted that lower
court records have been received and this
revision application may be disposed of at this
stage itself. Learned counsel for the State has
got no objection.
The prosecution case, in brief, is
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that in the night of 15/16 July 1988, the
informant was sleeping in his cattle shed, at
12 O’clock in the night he woke up on Hulla of
dacoit-dacoit and went to his house with Bhala
and noticed that dacoits were running with box
and one of the dacoits was going with a box on
his head. The informant gave Bhala blow on the
dacoit who fell down on the ground then another
dacoit fired on the informant causing injuries
on his left hand. Several witnesses arrived
there but the dacoits succeeded in fleeing away
with looted articles worth Rs.10,000/- The
members of the family of the informant saw the
occurrence.
On the basis of the statement of the
informant, Sahpur P. S. Case no. 90 of 1988 was
instituted under Section 395 IPC against 15 to
20 unknown dacoits. After investigation the
police submitted charge-sheet against two
accused under Sections 395 and 412 I.P.C.
During trial one accused died and proceeding
was dropped against him. The charges were
framed under Section 395 and 412 I.P.C. against
sole accused- petitioner. After trial the
accused- petitioner was acquitted under Section
395 IPC and was held guilty under Section 412
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I.P.C. and he was sentences to undergo rigorous
imprisonment for four years vide judgment and
order dated 28.1.1997. Against that judgment
and order, the petitioner filed Cr. Appeal No.
6 of 1997 by which the conviction and sentence
passed by the learned trial Court has been
upheld and the appeal has been dismissed.
It has been submitted by the learned
counsel for the petitioner that order of
conviction and sentence passed by the learned
trial Court has been confirmed by the learned
Appellate Court. There is concurrent finding of
both the courts below. The occurrence has taken
place on 15/16 July 1988. More than 23 years
have passed and the petitioner has been
suffering from mental agony and he is aged
about 70 years. He has been in custody prior to
trial and after the conviction also. He has
been in custody for about six and a half
months.
Learned counsel for the State could
not controvert the contention of petitioner.
After hearing learned counsel for
both the parties and on perusal of material on
record, it appears that the occurrence has
taken place more than 23 years ago. The
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petitioner has been suffering from mental
agony. He is also in custody for some time. The
petitioner is also an old man and his sentence
deserves to be modified.
Considering the facts and
circumstances, the sentence of the petitioner
is reduced to the period already undergone in
custody. To this extent, the sentence passed by
the learned Appellate Court is modified. The
petitioner is directed to be released
forthwith, if not required in any other case.
With the aforesaid modification in
the sentence, this revision application is
dismissed.
Kanchan (Amaresh Kumar Lal, J.)