Criminal Appeal (SJ) No. 256 of 1995 Against the judgment and order dated 12th September, 1995 passed by Sri Chiranji Singh, the learned Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 459 of 1993. Bipat Mian, Son of Sadik Mian, resident of village – Babu Parsauni, P.S. – Choutarwa, District – West Champaran. .... .... Appellant. Versus The State Of Bihar .... .... Respondent. -------------- For the Appellant : Mr. Arun Kumar Tripathi, Amicus Curiae. For the Respondent : Mr. Sujit Kumar Singh, A.P.P. --------------- P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD GOPAL PRASAD, J. Nobody appears on behalf of the appellant. Mr. Arun Kumar Tripathi, Advocate is appointed as amicus curiae to assist this Court. 2. Heard learned amicus curiae and learned counsel for the State. 3. The appellant has been convicted for the offence under Section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. 4. The prosecution case as alleged is that the accused persons came, called the informant and his inmates and then assaulted him, in the mean time there was firing and after some time of the sound of firing, the villager started saying “Pakro Pakro” and then a large number of villagers chased and caught hold of the appellant along with the gun and disclosed his name as Bipat Mian. 2 2 5. On the fardbeyan, the FIR was lodged and charge-sheet submitted, cognizance was taken and the case was committed to the court of Sessions and after framing of the charge, witnesses were examined and order of conviction recorded against the appellant as the witnesses supported the prosecution case and this appellant was caught red handed at the site of occurrence in the village along with others. 6. The amicus curiae, however, contended that the appellant has been convicted for five years. However, he has remained in jail for about three and half years during the trial and he was granted bail by the High Court after conviction and hence contended that since the occurrence is of the year 1992 and he has already remained in jail for about three and half years and hence having regard to the facts and circumstances that the appellant has faced the rigors of the trial and appeal for about twenty years and hence the sentence is modified for the period already undergone and with this modification in sentence the appeal is dismissed. 7. Mr. A. K. Tripathi, shall be supplied a copy of this judgment and he shall be entitled for the fee of hearing payable by Patna High Court, Legal Aid Services Committee. (Gopal Prasad, J.) Patna High Court, Patna. Dated, the 29th July, 2011. N.A.F.R./Kundan.