IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.868 of 2008 BANGALI RAI & ORS Versus THE STATE OF BIHAR ----------- 3 23.9.2008 This criminal revision has been filed against the judgment and order dated 24.5.2008 passed by Additional Sessions Judge, Fast Track Court No.1, Patna in Criminal Appeal No.201 of 1987, and Tr.No. 144 of 2005 thereby the learned Fast Track Court has confirmed the judgment and order dated 29.6.1987 passed by Sri Sureh Prasad, Judicial Magistrate, 1st Class, Patna in G.R.No. 1989 of 1983, Trial No.672 of 1987. The learned Magistrate vide impugned judgment has convicted petitioner Bamal Rai under Sections 326 and 148 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years under Section 326 I.P.C. and rigorous imprisonment for three months under Section 148 I.P.C. Petitioner Mahendra Rai has been convicted under Sections 324 and 148 I.P.C. and sentenced to undergo rigorous imprisonment for one years under Section 324 I.P.C. and rigorous imprisonment for three months under Section 148 I.P.C. The rest two petitioners Bangali Rai and Suresh Rai have been convicted under Sections 323 and 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months under Section 323 I.P.C. and rigorous imprisonment for one month under Section 147 I.P.C. Lower court records have been received. Heard learned counsel for the parties. - 2 - The date of occurrence is 18.5.1983. The occurrence alleged to have taken place for taping toddy from the palm tree. According to the prosecution story, on being objected by the informant, the petitioners-accused, along with Mahendra Rai and Suresh Rai variously armed assaulted the prosecution party including the informant, Devendra Prasad, Trisuldhari, Mithila Sharan and Nathuni Prasad. On fardbeyan lodged by the informant, Devendra Prasad, Phulwarisharif P.S. case No. 163/83 was instituted against all the aforesaid six accused persons including the petitioners. After investigation the police submitted charge-sheet against them. In course of trial charges under Sections 147, 148, 149, 323, 324, 325 and 326 were framed against all the accused persons. The prosecution examined altogether nine witnesses including the informant (P.W.6), the Doctor (P.W.9) and injured persons as P.Ws.1, 3 and 4 and Investigating Officer as P.W.8. On the other hand, the defence examined only one witness as D.W.1, Chaiti Manjhi. The learned Magistrate after trial convicted and sentenced the petitioners in the manner stated above. Apart from petitioner-accused, Suresh Rai was also convicted under Sections 325 and 147 of the Indian Penal Code but was released on probation under Section 360(1) Cr.P.C. This Court had privilege to peruse the judgment of both the lower courts as well as lower court records including the evidence of witnesses of both sides as also exts. Both courts have discussed the - 3 - evidence of witnesses including doctor and investigating officer. In course of submission learned counsel for the petitioners failed to urge any meaningful criticism against the evidence of witnesses in order to throw doubt upon their testimony. The doctor, who examined the injured persons also found corresponding injuries on the injured persons. In view of above, this court is not inclined to interfere in the findings of guilt against the petitioners under revisional jurisdiction. However, in view of the fact that the petitioners have already been harassed for last twenty five years for such nature of offence, both mentally and financially, as also the fact that one of the convicts Suendra Rai was released on probation by the court below, this court thinks it proper to modify the sentence awarded to the petitioners. Petitioner, Bamal Rai has been convicted under Sections 326 and 148 I.P.C.and has been sentenced to undergo rigorous imprisonment for two years and rigorous imprisonment for three months under above sections. In view of the fact and circumstances, the same is reduced to the period of rigorous imprisonment for six months with fine of Rs.500/- under Sections 326 I.P.C. and rigorous imprisonment for three months under Section 148 I.P.C. In default of payment of fine he shall further undergo simple imprisonment for two months. However, both sentences shall run concurrently. So far other petitioners, namely, Bangali Rai, Suresh Rai and Mahendra Rai are concerned, they have been convicted under - 4 - B.Jha Sections 324 and 148 or 323 and 147 I.P.C. Having regard to the nature of offence and duration of pendency of case, sentences awarded to them are set aside and they are directed to be released under Section 4 of Probation of Offenders Act on entering into a bond of Rs.2000/- (Two thousand) each with two sureties of the like amount to maintain peace and be of good behaviour for a period of one year to the satisfaction of the court below. They are directed to furnish probation bond within fifteen days of receipt/ production of a copy of this order. The Bamal Rai is already in jail custody. In the result, this revision application is dismissed with the aforesaid modification in sentences of the petitioners. (Ghanshyam Prasad) - 5 -