IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1776 of 2010 SATYA NARAYAN SINGH Versus THE STATE OF BIHAR For the petitioner : Mr. Bhawesh Kumar, Advocate. For the State :Mr. Akshay Lal Pandit, APP ----------- 05 11.02.2011 Heard both sides. Rule confined to question of sentence only. Learned A.P.P. waives notice on behalf State. With the consent of the parties the present revision application is being finally disposed of at this stage itself. Petitioner herein assails the order dated 15.07.2010 passed by learned Additional Sessions Judge, Fast Track Court No. II, Nawada in Cr. Appeal no. 24 of 1995/31 of 2009 whereby the appeal was dismissed with modification in sentence. Petitioner was tried along with other accused persons in Tr. No. 2 of 1995 and was held guilty under Sections 325/149 of the Penal Code. Learned counsel for the petitioner submit that some of the co-convicts of the present trial/appeal moved this Court in Cr. Rev. no. 1544 of 2010 (Darogi Yadav & ors. Vs. State of Bihar) wherein this Court, on a consideration of the materials on record, reduced the sentence. A copy of the said order has been handed in by learned counsel which is placed on record marked X. Said order dated 02.11.2010 records as under:- “One aspect of the case is very apparent that the occurrence had taken place in the present case in the year 1988. Close to 08 years was consumed in concluding the trial. 2 The appeal remains pending for 15 years. For all these years the petitioners had to fight the criminal litigation which is a relevant consideration. It further appears that with respect to some of the con-convicts to the present case, this Court had passed an order reducing the sentence. For all these reasons, this Court is satisfied that a lesser quantum of punishment in the facts and circumstances of the case would sub serve the end of justice. Consequently while upholding the judgment and order of conviction passed by learned trial Court and duly affirmed by learned lower appellate Court, the sentence awarded under Section 325/149 of the Penal Code is reduced to R.I. for 03 months. Other part(s)/ condition(s) of the sentence(s) so imposed by appellate Court shall remain intact/untouched.” Learned A.P.P. appearing on behalf of the State, on perusal of the said order, does not dispute the submission that some of the co-convicts moved this Court and were dealt with in Cr. Rev. no 1544 of 2010. Accordingly, the present application is also disposed of. The sentence awarded against the petitioner under Sections 325/149 of the Penal Code is reduced to R.I. for 03 months. Other part(s)/condition(s) of the sentence, if any, imposed by lower appellate Court shall remain intact. With this modification in sentence only, the application is dismissed. Sym/ ( Kishore K. Mandal, J.)