IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.605 of 2009 BIPIN KUMAR SINGH Versus THE STATE OF BIHAR ----------- For the petitioner: Mr. Shankar Kumar, Advocate. For the State: Mrs. Indu Bala Pandey, A.P.P. 6 20.07.2009 Heard both sides. Petitioner seeks to challenge the judgment and order of conviction dated 13.02.2009, passed by the Lower Appellate court, whereby the appeal preferred by him has been allowed in part. Petitioner was tried for an offence punishable under Sections 323,324 and 504 of the Penal Code. Prosecution in order to prove the case examined as many as five witnesses including the informant, Investigating Officer and the Doctor, who issued the injury report. On consideration of the evidence both oral and documentary brought on record the learned trial court by its judgment and order dated 11.05.2006, convicted the petitioner under Sections 323 and 324 of the Penal Code and sentenced to undergo six months S.I. and two years R.I. respectively. He was however, not held guilty under Section 504 of the Penal Code. Aggrieved by the aforesaid order petitioner preferred appeal vides Cr. Appeal no. 33 of 2006. The learned lower appellate court, once again, appraised the evidence on record and having regard to the petition of compromise filed by the parties 2 accepted the same with regard to the allegations contained under Section 323 of the Penal Code. The court in the light of the allegations and the materials collected in support thereof refused compromise so far as the offence punishable under Section 324 of the Penal Code is concerned. Consequently, the Lower Appellate Court acquitted him of the charge punishable under Section 323 of the Penal Code. Having regard to the materials on record and taking a lenient view in the matter, the sentence of 2 years R.I. as awarded by the learned trial court under Section 324 of the Penal Code was reduced to one year R.I. This court, having gone through the judgments of the two courts below, finds no illegality in the consideration of the matter by the appellate court. This court holds the view that the Lower Appellate Court, having regard to the materials on record, rightly reduced the conviction from two years to one year R.I. under Section 324 of the Penal Code. There is no merit in the application, which is, accordingly, dismissed. Sym/ (Kishore K. Mandal, J.)