IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.658 of 2002 (Against the judgment and order dated 27.06.2002 passed by the learned 3rd Additional Sessions Judge, Aurangabad in Cr. Appeal No.70/1992) ================================================== Krishna Prasad @ Krishna Prasad Gupta, son of Sri Prahlad Sao, resident of village-Kama Bigha, By-pass Road, Aurangabad, P.S.- Aurangabad, District- Aurangabad. .... .... Petitioner Versus State of Bihar .... .... Opposite Party ================================================== Appearance : For the Petitioner : Mrs.Nivedita Nirvikar, Advocate For the State : Mrs. I.B.Pandey, A.P.P. ================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Amaresh Kumar Lal, J. The accused-petitioner has preferred this revision application against the judgment and order dated 27.06.2002 passed by the learned 3rd Additional Sessions Judge, Aurangabad in Cr. Appeal No.70/1992 by which the appeal has been dismissed with modification in the sentence dated 27.04.1992 passed by the learned Judicial Magistrate, Ist Class, Aurangabad in Trial No.22/1992 arising out of G.R.No.439/1985. Heard the learned counsel for the petitioner Patna High Court CR. REV. No.658 of 2002 dt.19-10-2011 2 and the learned counsel for the State. The prosecution case, in brief, is that on 16.07.1985 at about 5.30 P.M. the Welding Shop of the petitioner was raided by the Electrical Engineer and the petitioner was found to have been using electricity by illegal means and the electricity was used in the welding machine. Some electrical articles were seized from the place of occurrence. Seizure list was prepared. On the report of the complainant, Aurangabad P.S. Case No.220/1985 under Sections 39 and 44 of the Indian Electricity Act read with Section 379 of the I.P.C. and Section 3 of the R.P.U.P.Act. After investigation, charge- sheet was submitted under Sections 39 and 44 of the Indian Electricity Act read with Section 379 of the I.P.C. Cognizance was taken. After the trial, the petitioner was held guilty under Section 39 of the Indian Electricity Act read with Section 379 of the I.P.C. and he was sentenced to R.I. for two years under both the sections vide order dated 27.04.1992. The petitioner preferred Cr. Appeal No.70/1992, which has been dismissed and the sentence has been reduced to R.I. for one year. After hearing the learned counsel for both Patna High Court CR. REV. No.658 of 2002 dt.19-10-2011 3 the parties and on perusal of the materials on record, it appears that the learned trial court has considered the evidence adduced on behalf of the prosecution and has found guilty, which has been upheld by the learned appellate court. It further appears that the occurrence has taken place on 16.07.1985. More than 26 years have passed. The petitioner has been suffering from mental agony. He has also been in custody for more than seven months. The petitioner has no criminal antecedent. Considering the facts and circumstances stated above, the sentence of the petitioner is modified and is reduced to the period already undergone in custody. With this modification in the sentence, this petition is dismissed. Patna High Court, Patna Dated the 19th October, 2011 NAFR/V.K. Pandey ( Amaresh Kumar Lal, J.)