IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.59 of 2011 DHARMENDRA KUMAR SINGH S/O- LATE RAJESHWAR PRASAD SINGH, R/O- VILLAGE DHOBOULI, P.S.- BIDUPUR, DISTRICT- VAISHALI. Versus THE STATE OF BIHAR For the petitioner : Mr. Madhav Roy, Advocate For the State : Mr. Abhimanyu Sharma, A.P.P. 4 02.02.2011 Heard both sides. Rule confined to the question of sentence only. Learned A.P.P. waives notice on behalf of the State. With the consent of the parties, the application is being disposed of at the admission stage itself. Petitioner assails the judgment and order dated 3.9.2009 passed on Appeal No. 39 of 2009 whereby the conviction recorded under Section 414 IPC by learned Trial Court by judgment and order dated 10.6.2009 passed in Tr. No. 931 of 2009 has been upheld. Petitioner has been held guilty by both the Courts under Section 414 IPC and sentenced to undergo R.I. for 03 years. Learned counsel for the petitioner submits that another co-convict of the case namely Manoj Singh moved this Court in Cr. Rev. No. 1611 of 2009 which was disposed of by order dated 30.11.2009 (Annexure-1) and the sentence imposed on him was reduced to 10 months. It is next contended that for more than four years, the petitioner had to undergo the rigours of trial which is a shade of punishment. It is, thus, submitted that the petitioner also deserves lenient view insofar as imposition of - 2 - sentence for the proven charge is concerned. Learned A.P.P., on the other hand, submits that there is/are concurrent finding of facts recorded by the Two Courts below which do not require interference on merit. I have considered the submissions made on behalf of the parties. With regard to an occurrence that had taken place on 18.10.2005, petitioner was made to fight the criminal litigation for more than four years when for the first time, conviction was recorded on 10.6.2009. It is further found from Annexure-1 that one of the co-convicts namely Manoj Singh moved this Court in Cr. Rev. No. 1611 of 2009 wherein this Court, while disposing of the said application by order dated 30.11.2009, reduced the sentence. Having regard to these facts appearing from record, this Court also reduces the sentence imposed on the petitioner under Section 414 IPC from R.I. for 03 years to R.I. for 01 year. Other part(s)/condition(s) of the sentence shall remain intact/untouched. With this modification in sentence, the application is dismissed. pkj (Kishore K. Mandal, J)