IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.862 of 2008 SAHDEO SINGH & ORS Versus STATE OF BIHAR ----------- 2. 21.8.2008. This application has been filed against the judgment dated 9th June,2008 passed by Fast Track Court-IV, Munger in Cr. Appeal No.34 of 2006 thereby the judgment of conviction and sentence of the petitioners passed by S.D.J.M., Munger in Complaint Case No.116 ‘C’ of 2002, Trial No.476 of 2006 has been confirmed with certain modification. The learned trial court convicted the petitioners under sections 323 and 498A of the I.P.C. and sentenced them to undergo R.I. for one year and to pay fine of Rs.1,000/- each under section 498A of the I.P.C. and R.I. for six months under section 323 of the I.P.C. However, the learned appellate court vide impugned order set aside the conviction and sentence under section 323 of the I.P.C. but maintain the conviction and sentence under section 498A of the I.P.C. with certain direction with regard to apportionment of the fine amount. Heard the learned counsel for both the parties. The submission of the learned counsel for the petitioners is that the husband of the victim has already died. These petitioners are the relatives of the husband of the victim. There is no direct allegation against them. They have been convicted under section 498A I.P.C. - 2 - N.H./ only because they are family members of the husband of the victim. It is further submitted that the petitioners have already remained in jail custody for last more than five and a half months, which is sufficient to meet the ends of justice. The learned counsel for the petitioners did not challenge the legality of the conviction of the petitioners. Considered the submission of the learned counsel for both the parties. Perused the impugned judgments. The husband of the victim has already died. These petitioners are father, mother and sisters of the husband of the victim lady. In the facts and circumstances of the case, this Court is of the view that the sentence of one year is disproportionate to the offence alleged against these petitioners. Accordingly, the sentence awarded to the petitioners is hereby modified to the extent of the period already undergone by them. With this modification in the sentence, this application stands dismissed. The petitioners are directed to be released at once if not wanted in any other case. Let this order be communicated to the court below through fax on cost being deposited by the petitioners. ( Ghanshyam Prasad )