CRIMINAL REVISION No.189 OF 2002 (Against the Judgment dated 4th February, 2001 passed by the 3rd Additional Sessions Judge, Aurangabad) SHATRUGHAN SINGH, S/o Ram Das Singh, R/o Vill. Nima, P.S. Goh, District-Aurangabad --------------------(Petitioner) Versus The STATE OF BIHAR -------------(Opposite Party) ----------- P R E S E N T THE HON'BLE MR. JUSTICE MANDHATA SINGH J U D G M E N T Mandhata Singh, J. Heard learned counsel for the petitioner and learned counsel for the opposite party. The revision application is directed against the Judgment dated 04.02.2002 passed by the 3rd Additional Sessions Judge, Aurangabad in Cr. Appeal No. 131 of 1990 by which he has dismissed the appeal and confirmed the Judgment and sentence dated 24.09.1990 passed by the S.D.J.M., Aurangabad in G.R. No. 45 of 1990/Tr. No. 14 of 1990. Sentence is challenged only on the ground that allegation levelled was finding of petitioner’s Public Distribution Shop closed and consumer 2 reported the informant, who is none else but Supplying Inspector that more prices was realized from them for kerosene oil which finds no support from any of the consumers in course of trial. Even then petitioner is convicted and remained in custody since 17.02.1988 to 27.02.1988 in course of trial and from 04.03.2002 to 15.03.2002 whereas the incident is of the year 1980. Submission made on behalf of the learned counsel appears convincing. Accordingly, accepting the same, sentence is modified and minimized to the period undergone with find of Rs. 100/- which shall be payable but in default of the fine, one month simple imprisonment is given. With such modification, the application is dismissed and the order of conviction is affirmed. The Patna High Court, 13th January, 2010 Shail/N.A.F.R. ( Mandhata Singh, J.)