IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.357 of 2010 NASIR MIAN S/O LATE RAZAQQUE MIAN R/O VILL.- JAINAGAR RAJPUTANI TOL, P.S.- JAI NAGAR, DISTT.- MADHUBANI ---- PETITIONER Versus THE STATE OF BIHAR ---OPP.PARTY For the Petitioner : Mr. Md. Irshad,Advocate. For the State : Mr.Satyendra Nr. Singh, APP 04 28.06.2010 Heard both sides. Rule limited to a question of sentence only. Learned A.P.P. waives notice on behalf of the State of Bihar. With the consent of the parties, the present application is being disposed of at this stage itself. Sole petitioner herein has been found and held guilty under Section 411 of the Penal Code and sentenced to undergo R.I. for 02 years. Aggrieved by the aforesaid judgment and order of conviction, the petitioner preferred the appeal being criminal appeal no. 499 of 1978/25/2008, which was heard and disposed of by the judgment dated 8th September, 2009. Learned counsel for the petitioner submits that the occurrence in the present case had taken place in the intervening night of 11/12-04-1970. The order of conviction was recorded in 1978 under Section 411 of the Penal Code. At the appellate stage the matter remained pending for more than two decades. Fighting criminal litigation definitely affects the mental and economical condition of a 2 litigant. It is, therefore, a relevant consideration while inflicting sentence upon the accused against whom the charge(s) have been proved. Learned A.P.P., on the other hand, submitted that both the Court below have appreciated the evidence on record in right perspective and have come to a concurrent finding that the prosecution has been able to prove the case beyond all reasonable doubts. This Court finds from the record that it has not been found and recorded that the petitioner was earlier criminally charged and convicted. Having heard both the parties and after going through the materials on record, this Court is satisfied that while upholding the conviction ends of justice shall be satisfied if the petitioner herein is sentenced to a lesser period. Accordingly, the sentence recorded under Section 411 of the Penal Code for a period of 02 years R.I. is reduced to 01 year. With this modification in sentence, the application is dismissed. Sym ( Kishore K. Mandal, J.)