IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1186 of 2010 BABU PANDIT S/O KALLU PANDIT, R/O MOHALLA MANPUR, DAKGHAR LANE, P.S. BUNIYADGANJ, DIST. GAYA. --- PETITIONER Versus STATE OF BIHAR . --- OPP. PARTY For the Petitioner : Mr. Arbind Kumar Singh, Advocate. For the State : Nirbhay Kumar Singh, APP ----------- 02 10.08.2010 Heard learned counsel for the petitioner and State. Rule confined to question of sentence only. Learned APP waives notice on behalf of the State. With the consent of the parties present revision application is being disposed of at this stage itself. In view of the submissions advanced at the Bar and the order this Court proposes to pass there is no need to set out the facts leading to the present case in extenso. Sole Petitioner herein was tried in respect of an occurrence that had taken place on 29.03.1999. Petitioner was charged and tried under Sections 379 and 461 of the Penal Code. On a consideration of the materials brought on record by the prosecution he was found and held guilty for the offence(s) punishable under Sections 379 and 461 of the Penal Code and sentenced to undergo R.I. for 02 years besides imposition of fine having default clause(s). It is to be recorded herein that petitioner along with 03 other accuseds were tried and convicted. The co- convicts/co- accuseds filed different appeals before learned Sessions Judge. All 2 of them were clubbed together, heard and disposed of by order dated 20th April, 2010 passed in Criminal Appeal nos. 80, 86, 87 and 88 of 2009. Learned appellate Court, on a consideration of the evidence on record, confirmed the judgment and order of conviction passed by learned trial Court in so far as the petitioner is concerned. Learned counsel for the petitioner submits that petitioner herein had to undergo the ordeal/rigor of trial for nearly 10 years . For all these years he had to face with excruciating circumstances in fighting the criminal litigation. Learned trial Court has found that there is no previous conviction against the petitioner. It is contended that one of the co-accuseds/co-convicts moved this Court in Cr. Rev. no. 1114 of 2010 (Mahesh Patwa versus State of Bihar) in which this Court has taken a view that a lesser punishment, in the facts and circumstances of the case, would sub serve the cause of justice .It is contended that petitioner too deserve consideration in so far as the quantum of sentence is concerned. Learned A.P.P., on the other hand, supported the two impugned judgment and order of conviction of Courts below. It is contended that there is/are concurrent findings of guilt recorded by the two Courts below which have not been shown to be perverse as such this Court may not be interfered with the findings of guilt. Having considered the submissions advanced on behalf of the parties, this Court is satisfied that in the facts and circumstances of the case, a lesser punishment would sub serve the 3 cause of justice. Consequently, while maintaining his conviction the sentence of R.I. for 02 years awarded under Sections 379 and 461 of the Penal Code is reduced to R.I. for 18 months. The other part(s)/ condition(s) of sentence shall remain unaltered. With this modification in sentence only, the application is dismissed. Sym ( Kishore K. Mandal, J.)