IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.36 of 2011 GANGA TURHA S/O- NEPALI TURHA, R/O- MOHALLA SADIPUR BARI DURGA ASTHAN, P.S.- KOTWALI, DISTRICT- MUNGER. Versus THE STATE OF BIHAR For the petitioner : Mr. Pankaj Kumar Sinha, Advocate For the State : Mr. Manish Kumar No. 2. APP 3 18.01.2011 I.A. No. 47 of 2011 For the reasons disclosed in the limitation petition and submissions made in support thereof, the same (I.A. No. 47 of 2011) is allowed. Delay is condoned. Heard. The petitioner assails the judgment and order dated 5.5.2009 passed on Cr. Appeal No. 110/2003 by learned 1st Addl. Sessions Judge, Munger whereby the appeal preferred by the petitioner was dismissed. Petitioner was charged under Sections 147, 448 and 323 of Indian Penal Code and tried by learned Judicial Magistrate, 1st Class, Munger vide Tr. No. 85/2003. On a consideration of the materials on record, he was held guilty and sentenced to undergo rigorous imprisonment for 01 year under each head. Aggrieved over the said judgment, he preferred the appeal which was dismissed. Learned counsel for the petitioner submits that one of the co-convicts of the trial filed Cr. Rev. No. 1446 of 2010 (Sant Kumar Choudhary versus The State of Bihar & Anr) and this Court had disposed of the matter reducing the quantum of sentence. A copy of the order dated 30.9.2010 passed in Cr. - 2 - Rev. No. 1446 of 2010 has been handed in, which is kept on record marked “M”. It appears that this Court having regard to the fact that petitioner (accused) had to undergo agony of trial for about 12 years and that he was close to 70 years of age, reduced the sentence from R.I. 01 year to R.I. for one month under Sections 147 and 148 IPC. After having heard learned counsel for the petitioner and the State, this Court is satisfied that the petitioner be imposed a lesser quantum of sentence. As per his age disclosed in the judgment, he was 58 years old and now he must definitely be close to 65 years. Accordingly, while upholding the conviction recorded under Section 147, 148 and 323 IPC, the sentence awarded thereunder is/are reduced to R.I. for 02 months under each head. With this modification in sentence, the application is dismissed. Learned counsel for the petitioner, at this stage, submits that the petitioner would be completing two months of custody in near future. In that view of the matter, he is permitted to get the present order communicated through fax on depositing appropriate fee. pkj (Kishore K. Mandal, J)