Criminal Revision No.581 of 2002 Against the Judgment and order dated 18th April,2002 passed by the Additional Sessions Judge-VI, Begusarai, in Cr.Appeal No.14 of 2001. 1.Kailash Paswan son of Sri Charan Paswan. 2.Bhushan Paswan son of Siyaram Paswan. 3.Singheshwar Paswan son of Manik Paswan. All residents of Village-Sonjat, P.S. Bhagwanpur, District- Begusarai. …………….. Petitioners. Versus State Of Bihar .... Opposite Party. For the Petitioner/s : Mr. Pramod Manbansh, Advocate. For the Respondent/s : Mr. Dr. Rabindra Kumar, A.P.P. P R E S E N T THE HON’BLE MR. JUSTICE AMARESH KUMAR LAL Amaresh Kumar Lal,J. The accused petitioners have preferred this revision application against the Judgment and order dated 14.04.2002 passed by the learned Additional Sessions Judge-VI, Begusarai, in Cri.Appeal No.14 of 2001 by which the Judgment of conviction of the petitioners passed by the learned S.D.J.M., Begusarai, dated 02.02.2001 in G.R. No.2548 of 1994 / T.R.No.184 of 2001 has been confirmed with modification in sentence and the appeal has been dismissed. 2. The prosecution case, in brief, is that on 02.10.1994 at about 11.15 P.M. the informant returned to his house and found that burglary has been committed in his house began to see hither and thither in the flash of torch light, in course of which he saw the door of the window opened and all the accused petitioners were fleeing away having Attache and boxes over their head and in Patna High Court CR. REV. No.581 of 2002 dt.16-11-2011 2 hand. The informant, his wife and daughter raised alarm and the co- villagers chased them but they could not be apprehended. The list of the stolen articles was given. On the basis of written report Bhagwanpur P.S. Case No.107 of 1994 was registered under sections 457 and 380 of the I.P.C. 3. After investigation charge sheet was submitted and cognizance was taken against the accused persons. After the trial all the accused petitioners were held guilty and sentenced to undergo rigorous imprisonment for two years and a fine of Rs.500/- each under section 457 of the Indian Penal Code and in default thereof to undergo rigorous imprisonment for one month and further to undergo R.I. for one year and a fine of Rs.500/- each and in default thereof to undergo R.I. for six months under section 380 of the I.P.C. Both the sentences were directed to be run concurrently. 4. Against the Judgment and order of sentence dated 2.2.2001 the petitioners preferred Cr.Appeal No.14 of 2001. After hearing the appeal has been dismissed with modification in sentence of the petitioners by reducing the sentence of two years under section 457 of the I.P.C. to one year and one year under section 380 of the I.P.C.. 5. Learned counsel for the petitioner submits that the occurrence took place on 3.10.1994. The petitioners have been suffering from mental agony and they have also been remained in custody for more than a month during the trial and after the conviction. They have no criminal antecedent. Learned counsel for the State could not controvert the contention of the petitioners while Patna High Court CR. REV. No.581 of 2002 dt.16-11-2011 3 opposing their prayer. After hearing the learned counsel for the parties and on perusal of records it appears that the contention of the petitioners is correct and there is no material to show that the accused have any criminal antecedent. More than 17 years have passed. They have been suffering from mental agony. As such, sentence should be modified. Accordingly, the sentence of the petitioners is modified to the extent already undergone in custody. 6. With this modification in the sentence this criminal revision is dismissed. The Patna High Court. The 16th November,2011, AnilKrSinha/N.A.F.R. ( Amaresh Kumar Lal)