IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1520 of 2010 KISHUN SINGH @ KRISHNADEO SINGH …PETITIONER Versus STATE OF BIHAR …OPPOSITE PARTY For the petitioner :Mr.Bhavesh Kumar For the State :Mr.J. Upadhyay, APP ----------- 02. 26.10.2010 Heard. Rule confined to the question of sentence only. APP waives services of notice on behalf of the State. With the consent of the parties, this application is now being disposed of. Only submission advanced on behalf of the petitioner, while assailing the judgment and order of conviction passed by learned Addl. Sessions Judge, F.T.C.-II, Nawada on his appeal being Cr. Appeal No.24/1995/31/2009 is that on a consideration of materials on record including the age of two of the convicts, namely, Mangar Mahto and Bali Mhato they were given the benefit of Probation of Offenders Act. They were found aged about 70 years and 68 years respectively on the date of judgment and order of conviction, i.e. 28.06.1995. Petitioner was found aged about 60 years. It is contended that the occurrence had taken place on 28.03.1988 and petitioner had to fight the criminal litigation for about eight years when the conviction was recorded on 28.06.1995. Thereafter the appeal remained pending for about 15 years. On the strength of these facts appearing from records, it is contended that petitioner 2 deserves lessor quantum of punishment. Learned APP on perusal of materials on record including the judgment does not controvert the aforesaid submission(s) advanced on behalf of the petitioner. Having regarded to the aforesaid facts appearing from record, this Court is satisfied that in the facts and circumstances of the case, a lessor punishment shall subserve the cause of justice. Accordingly, while upholding the conviction as recorded by learned trial court and affirmed by learned lower appellate court, the sentence awarded under section 325/149 to undergo R.I. for six months is reduced to R.I. for two (02) months. Other part(s)/condition(s) of the sentence shall remain intact. With this modification in sentence, the application is dismissed. hr ( Kishore K. Mandal )