IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.268 of 1998 ========================================================== Bhushan Deo @ Bandhu Deo @ Bandhu Deo, S/o Sri Siya Ram Deo, R/o Mohalla-D.B. Road, P.S. –Saharsa, District-Saharsa. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s ========================================================== Appearance : For the Appellant : Mr. Krishna Prasad Singh, Sr. Adv. Mr. Manindra Kishore Singh. For the Respondent : Mr. Satya Narayan Singh. P R E S E N T HON’BLE MR. JUSTICE MANDHATA SINGH J U D G E M E N T Mandhata Singh, J. Heard learned counsel for the appellant and learned counsel for the State. This appeal is filed against the judgment and order dated 09.07.1998 passed by the Ist Additional Sessions Judge, Saharsa in S. Tr. No. 114 of 1992 whereby and whereunder the appellant has been convicted under Section 324/34 of the I.P.C. and sentenced to undergo R.I. for a period of 3 years. Prosecution case, in brief, is that informant was sleeping in his shop. His door was knocked. After opening the door, the appellant asked him to follow Patna High Court CR. APP (SJ) No.268 of 1998 dt.14-12-2011 2 2 him. He took the informant in a Bari of one Nirdhan Sharma, he was asked to sit and thereafter, he was assaulted from his back by means of some deadly weapons by un-known miscreants. After concluding the trial, appellant is convicted for the offence under Section 324/34 of the I.P.C. and sentenced to undergo rigorous imprisonment for 3 years. Learned counsel for the appellant prefers to stress the sentence only specific for concluding the period undergone by the appellant sufficient towards his punishment. In course of trial, appellant remained in custody from 20.09.1991 to 28.09.1991 and such sympathy is sought on the ground that incident is of the year 1991 and appellant faced trial for such a long period of near about 20 years and he was not assailant of the victim rather they (assailants) were unknown miscreants. Further, I.O. and Doctor examined the victim are also not examined in Court. Taking into consideration the discussed suggested circumstance, I agree with the learned counsel for the appellant that the period undergone in course of trial will meet the ends of justice. Accordingly, appeal is allowed in part on the point of sentence only, conviction is affirmed and Patna High Court CR. APP (SJ) No.268 of 1998 dt.14-12-2011 3 3 sentence is minimized to the period undergone by the appellant. Patna High Court, Patna Shailendra Bhushan Prasad, 14th December, 2011. N.A.F.R (Mandhata Singh, J.)