IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.524 of 2011 Rajendra Singh s/o Late Nageshwar Singh resident of village Basaiti, P.S. Raniganj (Bousi) District Araria. … Petitioner. Versus The State Of Bihar … Opposite Party. ----------- 5. 09.09.2011 The accused-petitioner has preferred this revision application against the judgment and order dated 28th January 2011 passed by the learned Additional Sessions Judge, FTC-V, Araria in Cr. Appeal No. 29 of 1995 by which the appeal has been dismissed confirming the judgment of conviction and sentence dated 29.5.1995 passed by the 1st Assistant Sessions Judge, Araria in Sessions Trial No. 305 of 1987 by which the accused petitioner has been held guilty under Sections 395 and 412 of I.P.C. and sentenced to undergo rigorous imprisonment for seven years each of sections and all sentences are to run concurrently. Having perused the trial Court judgment and paragraph 8 of the Appellate Court judgment, this Court is satisfied that the matter requires consideration only on the question of sentence. Heard. With consent of parties, the application is being finally disposed of at 2 admission stage itself. It has been submitted on behalf of the petitioner that out of four accused appellants, three have filed Cr. Revision No. 511 of 2011 in the High Court which has been disposed of by order dated 2.5.2011 and the case of the petitioner is similarly situated except the facts that the petitioner has also been found guilty under Section 395 and 412 I.P.C. and has been sentenced to rigorous imprisonment for seven years under each section and the sentences are to run concurrently. The sentence of other convicts has been reduced to three and a half years under Section 412 I.P.C. Since sentences have to run concurrently, the sentence of the petitioner may also be reduced to the same period. Altogether four persons were charged for the offence punishable under Sections 395 and 412 I.P.C. in Sessions Trial No. 305 of 1987 in the Court of 1st Assistant Sessions Judge, Araria. A dacoity was committed in the house the informant (P.W.3) wherein certain households articles including utensils and cloths were looted. On conclusion of 3 investigation, charge-sheet was submitted leading to trial. At the trial, nine prosecution witnesses were examined besides exhibiting documents. After trial all the accused except Dayanand Singh were held guilty for the offence punishable under Section 412 I.P.C. and sentenced to rigorous imprisonment for seven years and the petitioner was further held guilty under Section 395 and was sentenced to rigorous imprisonment for seven years and the sentences under Sections 395 and 412 I.P.C. are to run concurrently. Thereafter, all the convicts filed Cr. Appeal No. 29 of 1995 which was dismissed by the learned Additional Sessions Judge, FTC-V, vide impugned judgment dated 28.1.2011 confirming the judgment of sentence passed by the learned trial court. Thus the petitioner has been held guilty by the two Courts below. It appears that the petitioner has no criminal antecedent and all dacoits and the petitioner were aged about 30 years at the time of conviction. The occurrence has taken place on 22/23 March 1987. More than 24 years have passed and the petitioner has been suffering from mental agony for long years. 4 Considering the facts and circumstances, this Court is satisfied that the petitioner deserves lesser quantum of punishment for the proved charge. Accordingly, while upholding the conviction recorded by the learned Trial Court and duly affirmed by the learned Appellate Court, the sentence imposed on the petitioner is reduced to rigorous imprisonment for three and a half years under Section 395 and 412 IPC each and both the sentences to run concurrently. In the result, this application is dismissed with the aforesaid modification in the sentence. Kanchan (Amaresh Kumar Lal, J.)