IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.526 of 2011 1. DAYA NAND RAI 2. BACHAN RAI BOTH SONS OF LATE HARIHAR RAI 3. LAKHIYA DEVI, WIDOW OF LATE HARIHAR RAI. 4. PARBHAWATI DEVI, WIFE OF BACHAN RAI. ALL RESIDENTS OF VILLAGE- SIMRI (DUDHI PATTI), P.S.- SIMRI, DISTRICT- BUXER. Versus THE STATE OF BIHAR For the petitioners : Mr. Ashok Kumar Sinha, Sr. Advocate Mr. Santosh Kumar Singh, Advocate. For the State : Mrs. Gulnar Begam, APP ----------- 2 04.05.2011 Heard. On going through the Appellate Court judgment, this Court finds that the evidence on record have been considered in great detail and thereafter the findings of guilt recorded by the learned Trial Court have been confirmed. The matter thus requires consideration only on the question of sentence. Rule confined to question of sentence only. Learned APP waives notice on behalf of the State. With the consent of parties, the application is being finally disposed of at this stage itself. Four petitioners herein are husband, brother-in- law, mother-in-law and wife of brother-in-law of the informant (P.W. 3) They stood charged under Section 498A/406 IPC and Section 4 of Dowry Prohibition Act in Tr. No. 1013 of 2000. Five witnesses were examined on behalf of the 2 prosecution besides exhibiting documents to prove the prosecution case. On a consideration of the materials on record, learned Trial Court convicted them under Section 498A IPC and sentenced to undergo R.I. for 02 years with fine. They were, however, acquitted of the charge(s) punishable under Section 406 IPC and Section 4 of the Dowry Prohibition Act. Aggrieved by the judgment and order of conviction dated 28.11.2000, they preferred appeal being Cr. Appeal No. 34 of 2000/7 of 2010. Learned Appellate Court reappraised/rescanned the evidence on record and concurred with the findings of guilt and dismissed the appeal. Learned counsel for the petitioners submits that the occurrence had taken place between 1987 to 1990 for which F.I.R. was lodged in the year 1991. The trial consumed more than nine months. Thereafter the appeal preferred by the petitioners remained pending for more than 10 years. It is submitted that they had thus to undergo ordeals/rigours of trial for a pretty long time which is a shade of punishment. It is submitted that at the time of recording conviction, petitioner No. 3 was assessed aged about 60 years. She is now close to 70 years. It is thus the submission that they deserve a lesser quantum of sentence. Learned A.P.P., on the other hand, submits that there is concurrent finding of guilt recorded by the two 3 Courts below based on appraisal/reappraisal of evidence on record which cannot be termed as perverse or patently illegal meriting interference. I have heard the submissions made on behalf of the parties. Learned counsel for the petitioners is right in his submission that the petitioners had to undergo the rigours/ordeals of trial for a long period of time. They had to reel under the threat of being punished for close to nine years. The petitioners must have undergone several excruciating and/or exasperating circumstances while facing the trial and those circumstances definitely had telling effects on their mental/economical condition(s). It appears that petitioner Nos. 3 and 4 are female. One of them is 70 years of age as on today. This Court is thus satisfied that they deserve a lesser quantum of sentence, which, in the facts and circumstances of the case, would meet the ends of justice. Consequently, while upholding their conviction under Section 498A as recorded by the learned Trial Court and duly affirmed by the learned Lower Appellate Court, the sentence awarded on them is reduced in the following manner: (1) Petitioner No. 1 namely Daya Nand Rai shall undergo R.I. for 1 ½ years under Section 498A IPC. Other part(s)/condition(s) of the 4 sentence shall remain intact/unaltered. (2) Petitioner Nos. 2 and 4 namely Bachan Rai and Parbhawati Devi shall undergo R.I. for 01 year under Sections 498A IPC. Other part(s)/condition(s) of the sentence shall remain intact/unaltered. (3) Petitioner No. 3 namely Lakhiaya Devi shall undergo R.I. for 06 months under Section 498A IPC. Other part(s)/condition(s) of the sentence shall remain intact/unaltered. With these modification in sentence(s), the application is dismissed. pkj ( Kishore K. Mandal, J)