IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.441 of 2011 1. NARESH SINGH SON OF SHRI SHIV KANT SINGH 2. KAUSHAL SINGH, SON OF SHRI SHIB KANT SINGH 3. SHIV KANT SINGH, SON OF LATE BRAHAMDEO SINGH 4. RAM PRATAP @ BOKA SINGH, SON OF SHRI SHIB KANT SINGH, ALL RESIDENTS OF VILLAGE-GADUA P.S. CHEBARA, DISTRICT-SHEKHPURA. …PETITIONERS Versus THE STATE OF BIHAR …OPPOSITE PARTY ----------- 02. 15.04.2011 After having heard the parties, this Court is satisfied that the matter requires consideration only on the question of sentence. Hence rule confined to the question of sentence. Learned APP waives service of notice on behalf of the State. With the consent of the parties, this application is now being disposed of at this stage. The four petitioners herein are related to each other. They are aggrieved by the appellate judgment and order dated 10.12.2010, passed by learned Addl. Sessions Judge, Sheikhpura in Cr. Appeal No. 73 of 2010/ 9 of 2010, whereby the judgment and order of conviction dated 09.06.2010 recorded by learned trial court in Tr. No.269 of 2010 has been confirmed and the appeal of the petitioners stood dismissed. For an occurrence that had taken place on 05.08.2001, petitioners herein along with others were put on trial for having committed offence punishable under diverse sections including sections 323, 379 and 411 IPC. The prosecution produced six 2 witnesses besides exhibiting documents. One of the witnesses did not support the prosecution case and was declared hostile. Rest of the witnesses consistently supported the prosecution case and accordingly learned trial court found and held that charges have been proved beyond shadow of reasonable doubts and accordingly convicted the petitioners herein under section 147,149,323, 342, 379 and 411 IPC. The maximum sentence inflicted on them was under sections 379 and 411 IPC wherein they were sentenced to undergo S.I. for two years under each count/head. Aggrieved by the aforesaid judgment and order of conviction, they preferred appeal which stood dismissed in the manner noted hereinabove. It appears that both the parties belong to the same village. The occurrence had taken place on 05.08.2001. The trial consumed close to eight years. For all these years, petitioners had to undergo the ordeal/rigours of trial. It further appears from the trial court judgment that they were found to be the first convicts. At the time of recording conviction, petitioner no.3 was found 70 years of age, whereas petitioner no.1,2 and 4 were found young aged between 26-45 years. Fighting criminal litigation for a long time is a shade of punishment as during this period petitioners had to undergo several excruciating/exasperating circumstances having telling effects on their mental and economical conditions. From the facts noted hereinabove, this Court is satisfied that petitioners deserve lenient quantum of sentence for the charge proved against them. Accordingly, while upholding 3 the order of conviction passed by learned trial court and duly affirmed by lower appellate court, the sentence awarded under sections 379 and 411 IPC is reduced from S.I. for two years to S.I. for one year under each head/count. Other part(s)/condition(s) of sentence remain unchanged. With this modification in sentence, the application is dismissed. hr ( Kishore K. Mandal )