IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.429 of 2011 1. AMBIKA SINGH S/O- LATE BKHORI SINGH 2. PANKAJ SINGH, S/O- AMBIKA SINGH BOTH RESIDENTS OF VILLAGE- NEYA, P.S.- MUFASSIL, DISTRICT- NAWADAH. Versus THE STATE OF BIHAR For the petitioners : Mr. Pramod Mishra, Advocate. For the State : Mr. Mukeshwar Dayal, APP ----------- 2 08.04.2011 After hearing both the sides, this Court is satisfied that matter requires consideration only on the question of sentence. Hence Rule confined to question of sentence only. Learned A.P.P. waives notice on behalf of the State. With the consent of the parties, the application is being finally disposed of at this stage. Petitioners herein are father and son. They are aggrieved by the judgment dated 13.1.2011 passed in Cr. Appeal No. 22/2001/13/2010 by learned Addl. Sessions Judge-cum-Fast Track Court No. II, Nawada whereby the appeal preferred by the petitioners stood dismissed with modification in sentence. For an occurrence that had taken place on 7.9.1998 , petitioners herein along with some other accused persons were put on trial vide Tr. No. 1110/2001. Four witnesses were examined on behalf of the complainant (P.W. 2). The three injureds namely P.Ws. 1, 2 and 3 2 supported the prosecution case. On a consideration of the materials on record, learned Trial Court found and held them guilty under Sections 147, 323 and 452 of Indian Penal Code and sentenced to undergo R.I. for 01 years, R.I. for 06 months and R.I. for 02 years respectively. Aggrieved over the aforesaid judgment and order of conviction, they preferred appeal which was dismissed with modification in sentence. Learned Appellate Court concurred with the findings of guilt recorded by the learned Trial Court. However the sentence awarded under Sections 147, 323 and 452 of Indian Penal Code was/were reduced to fine of Rs. 500/-, fine of Rs. 1000/- and R.I. for 06 months with fine having default clause respectively. Learned counsel submits that admittedly the occurrence had taken place on account of land dispute as has been admitted in the complaint. The said occurrence had taken place on 7.9.1998. The trial of the petitioner consumed over three years. The appeal thereafter remained pending for 09 years. It is submitted that fighting criminal litigation for a long time and thereby to undergo rigours/ordeal thereof is a shade of punishment which need to be kept in focus. It is submitted that petitioner No. 1 was found aged about 62 years at the time of recording conviction. It is said that he is now close to 70 years of age. Learned APP, on the other hand, submits that 3 there is/are concurrent findings of guilt recorded by the two Courts below which have not been shown to be perverse meriting interference on merit. It is submitted that reasons have been assigned by learned Trial Court for not giving the petitioner benefit of the provisions under Section 360 of the Code. I have considered the submissions made on behalf of the parties and perused the two judgments impugned in this proceeding. It is obvious from the materials on record that for more than three years, the petitioner had to undergo rigours of trial. Petitioner No. 1 was found aged about 62 years at the time of conviction. It appears from Trial Court judgment that they are the first convicts. Occurrence had taken place on account of bona fide land dispute between the parties. Considering all these aspects of the matter, this Court is satisfied that they deserve consideration on the question of the sentence. Accordingly, while upholding the conviction recorded by the learned Trial Court and duly affirmed by learned Lower Appellate Court, the sentence awarded to the petitioners by learned Appellate Court is reduced as under: (i) Petitioner No. 1 shall undergo R.I. for 02 months under Section 452 of Indian Penal Code. Other part/conditions of sentence shall remain intact/unaltered. 4 (ii) Petitioner no. 2 shall undergo R.I. for 04 months under Section 452 of Indian Penal Code. Other part(s)/condition(s) of the sentence shall remain intact/unaltered. With this modification in sentence, the application is dismissed. pkj ( Kishore K. Mandal, J)