IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.1029 of 2008 SUDARSHAN THAKUR Son of Late Kalika Thakur resident of village Chotka Dia P.S .Krishnabrahm Dist Buxar Versus STATE OF BIHAR For the Appellant: Mr Arun Kumar For the State: Mr S.N.Prasad, A.P.P. --------- 2 7.11.2008 Heard. The appellant was convicted under section 323 IPC and sentenced to nine months’ imprisonment. The prosecution case in short is that one Magani Thakur (informant) on 24.6.2000 at 6.30 P.M. had gone to call his father from the field. He then saw this appellant assaulting his father by fists and slaps. When he reached at the place of the occurrence he found his father lying unconscious. With the help of villagers he took him to the hospital where he was treated. The police after investigation submitted charge under sections 323 and 307 IPC. The charges were framed under sections 323 and 307 IPC. In course of evidence eight witnesses were examined including Magani Thakur who is informant of this case as PW 2. It appears that the doctor (AW 7) has found simple injury on the person of the injured. The witnesses have supported the prosecution case. Learned counsel for the State submits that it is true that the appellant was not armed with any weapon. He further states that it would appear from the judgment that the appellant was old person of 65 years of age and this is his first offence. Having perused the records, this Court does not find any ground for interfering with the guilt of conviction. However, in the - 2 - facts and circumstances of the case, this Court is of the view that the sentence imposed upon the appellant is reduced to one of admonition as this is his first offence and is aged about 65 years of age. With the aforesaid modification in the sentence this appeal is dismissed. However, the dismissal of the appeal will not incur any disqualification in any manner including one of contesting election etc. shahid (S.P.Singh, J)