IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1669 of 2010 SAMSUN DAYAL S/O YISHU DAYAL ISAI Versus STATE OF BIHAR For the petitioner : Mr. S.N.P. Sinha, Sr. Advocate. For the State : Mr. Jharkhandi Upadhyay,APP ----------- 02 25.11.2010 Rule confined to question of sentence only. Learned APP waives notice on behalf of the State. Heard. With the consent of the parties, the present revision application is being disposed of at this stage itself. Petitioner herein along with others were made accuseds and tried for offences punishable under Sections 147,149,323 and 452 of the Penal Code. At the trial 06 prosecution witnesses were examined apart from bringing on record relevant documents/exhibits. On a consideration of the materials on record, learned trial Court convicted all the 11 accuseds put on trial including the petitioner herein and sentenced them under diverse Sections of Penal Code including Section 323 of the Penal Code wherein he was sentenced to undergo S.I. for 06 months besides imposition of fine of Rs. 250/- (Two hundred fifty) having default clause(s). Aggrieved by the aforesaid judgment and order of conviction dated 03.09.2009, passed in Tr. No. 25 of 2009, the convicts including the petitioner preferred Cr. Appeal no. 58 of 2009. Learned Sessions Judge, Buxar re-scanned and re-appreciated the evidence on record and by judgment dated 29 September 2010 acquitted all the appellants of the charge punishable under Sections 2 147,149 and 452 of the Penal Code. Two of the appellants including the petitioner herein were, however, found guilty under Section 323 of the Penal Code. Learned lower appellate Court, therefore, did not interfere with the conviction recorded against them under Section 323 of the Penal Code and the sentence imposed thereunder. Learned counsel for the petitioner submits that the occurrence had taken place sometimes in July 2006. They were made to fight this criminal trial for three years. On a trivial issue the parties who were co-villagers and agnates indulged in the offence. Referring to the assertions made in the memo of appeal, it is contended that the petitioner herein is teacher in a Government school having clean record. It is pointed out from the trial Court’s judgment that no past conviction was found and thus recorded against the present petitioner. On these facts appearing from the record it is the contention of the petitioner that he ought to have been awarded a lesser punishment and/or released under the provision of the Probation of Offenders Act. Learned APP appearing on behalf of the State, on the other hand, supported the two impugned judgments. It is contended that so far as conviction under Section 323 of the Penal Code is concerned, there is/are concurrent findings of fact which have not been shown to be perverse and/or perfunctory meriting interference. This Court finds from the materials on record including the two impugned judgments that ultimate conviction has been recorded under Section 323 of the Penal Code. It further appears that allegation of assault is attributed to another co-convicts. 3 Petitioner is serving as teacher in a Government School. He had to fight the criminal litigation for nearly three years. It is also seen from the record that he carries a clean past. In that view of the matter, this Court is satisfied that a lesser punishment, in the facts and circumstances of the case, shall sub serve the cause of justice. Accordingly while upholding the judgment and order of conviction under revision, this Court modifies the sentence imposed on the petitioner in the following manner:- Instead of imposing any substantive punishment, petitioner shall execute a bond(s) in the sum of Rs. 5000/- (Five thousand) in the Court below within a period of 04 weeks from today for maintaining peace and good behaviour for a period of one year from the date of execution of bond(s). In case of any breach of the bond(s), the trial Court shall call upon the petitioner to undergo S.I. for 01 months. With this modification in the operative part of the two orders the application is disposed of. Let a copy of this order be communicated to the Court of Judicial Magistrate, First Class, Buxar in connection with G.R. No. 1344 of 2006/Tr. No. 25 of 2009 through FAX at the cost to be deposited by the petitioner. Sym ( Kishore K. Mandal, J.)