Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.215 of 2012 ====================================================== Sudama Paswan, son of Late Mugeshar Paswan, Village-Kajhapa PS- Rafiganj, District-Aurangabad. .... .... Petitioner/s Versus The State Of Bihar .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opp. Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3 07-03-2012 Learned counsel for the petitioner and learned A.P.P. for the State are present. This application is directed against the appellate judgment and order dated 21.07.2011 passed by the 1st Additional Sessions Judge, Aurangabad in Cr. Appeal No. 95 of 1994/87 of 2002, by which the judgment and order of conviction and sentence dated 26.04.1994 passed by the S.D.J.M., Aurangabad in G.R. No. 2 of 1990, Tr. No. 228 of 1994 convicting and sentencing the petitioner, has been upheld. The trial court had convicted the petitioner and sentenced him to undergo rigorous imprisonment for two years under [STATUTE] and further simple imprisonment for one year for offence under Section 509 of the Patna High Court CR. REV. No.215 of 2012 (3) dt.07-03-2012 2 Indian Penal Code. Both the sentences were to run concurrently. The lower court records were called for in Cr. Revision No. 1401 of 2011 and were directed to be kept alongwith the records of the present case. The same has been done and both the file of Cr. Revision No. 1401 of 2011 as well as the lower court records are available alongwith the records of the present case. Learned counsel for the petitioner submits that allegation against the petitioner is house trespass and also misbehaviour with the women, which according to him are false and fabricated. It is submitted that the petitioner has been implicated due to past enmity. In view of the concurrent findings of the trial court as well as appellate court, this Court is not inclined to interfere with the order of conviction of the petitioner. However, in view of the fact that the petitioner is in custody since 04.02.2012 after dismissal of his appeal and was also behind bars for some period during the course of enquiry and trial, the order of sentence is modified to the period already undergone in custody. The petitioner shall be released from jail forthwith, if not wanted in any other case. This application stands disposed off with the aforesaid modification in the order of sentence. Patna High Court CR. REV. No.215 of 2012 (3) dt.07-03-2012 3 Let the order be communicated to the court below through fax upon deposition of the requisite fee on behalf of the petitioner. The lower court records received in already disposed Cr. Revision No. 1401 of 2011, which have been placed on record alongwith the present case, be returned to the court concerned. Anjani/- (Ahsanuddin Amanullah, J)

Applicable IPC Section: 451

Statute Text:
Section 451 of the Indian Penal Code. House-trespass in order to the commission of an Offence punishable with imprisonment. Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.