IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.679 of 2010 VIJAY PASWAN @ VIJAY KUMAR, SON OF LATE PALTU PASWAN, R/O- VILLAGE, BASWARI TOLA, P.S.- SITAMARHI, DISTRICT- SITAMARHI Versus THE STATE OF BIHAR For the petitioner : Mr. N.K. Agrawal, Sr. Advocate For the O.P. : Mr. Jagdish Prasad, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ----------- 7 01.09.2010 Heard both sides. Petitioner is aggrieved by the judgment and order dated 29.7.2009 passed by learned appellate Court in Cr. Appeal no. 32 of 203 whereby conviction and sentence recorded under diverse sections of Indian Penal Code including Section 326 IPC has been affirmed. Petitioner has been sentenced to undergo rigorous imprisonment for 03 years under Section 326 IPC besides different sentences imposed upon him on diverse counts. It is stated that the occurrence had taken place on 28.7.1998 . The allegation is that the petitioner gave bhala blow as a result whereof one of the fingers was chopped off. It is thus contended that there is no allegation of assaulting on the vital parts. Learned counsel further submits that the petitioner was fairly young when the present occurrence had taken place. He had to undergo the rigours of trial for about 05 years which by itself is a shade of punishment. Learned trial court has also found that there is no prior conviction recorded against the petitioner. Learned counsel appearing on behalf of the informant, on the other hand, submits that there is a counter version of this case also in which the present prosecution side were made 2 accuseds. They have been already been tried and convicted for diverse periods including one under Section 324 IPC. Having considered the submissions advanced on behalf of the parties and after going through the materials on record, this Court is satisfied that a lesser punishment in the facts and circumstances of the case, would sub-serve the cause of justice. Accordingly, while upholding the conviction, the sentence of rigorous imprisonment for 03 years under Section 326 is reduced to rigorous imprisonment for 1 ½ years. The sentences recorded under Sections 504 and 341 are untouched and unaltered. With this modification in sentence, this application is dismissed. pkj ( Kishore K. Mandal, J. )