IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.411 of 2011 RAMPATI SINGH SON OF ROJHAN MAHTO, RESIDENT OF VILLAGE AZAD BIGHA, P.S. TILAUTHU, DISTRICT ROHTAS …PETITIONER Versus 1. THE STATE OF BIHAR 2. ASHOK KUMAR GIRI SON OF LATE RAJENDRA GIRI, RESIDENT OF VILLAGE MAHARAJGANJ P.S. TILAUTHU DIST. ROHTAS …OPPOSOTE PARTIESD ----------- 02. 07.04.2011 Rule confined to the question of sentence only. Learned APP waives service of notice on behalf of the State. Heard. With the consent of the parties, this application is now being disposed of at this stage. Petitioner is aggrieved by judgment and order dated 29.12.2010, passed by Addl. Sessions Judge, F.T.C.III, Rohtas at Sasaram on Cr. Appeal No. 6/04, whereby the appeal preferred by the petitioner against the judgment and order dated 30.01.2004, passed by learned Judicial Magistrate 1st Class, Sasaram in T.R.No.161/04 has been affirmed. The trial court, on a consideration of materials brought on record in course of trial, found and held the petitioner guilty under section 392 IPC and sentenced to undergo R.I. for two years. Learned counsel for the petitioner submits that the occurrence had taken place on 21.08.1993. The trial consumed more than eleven years. For all these years, he had to undergo the ordeal/rigours of trial. It is submitted that fighting criminal litigation for such a long time is a shade of punishment as the 2 petitioner had to undergo several excruciating and exasperating circumstances during this period which have telling effects on his mental and economic condition. Referring to trial court judgment, it is submitted that petitioner is the first convict and, as such, he deserves leniency insofar as the quantum of sentence is concerned. Learned APP, on the other hand submits that there is concurrent findings of guilty based on appraisal of the evidence by the two courts below which do not merit interference on merit. This Court finds force in submissions of the counsel for the petitioner. Considering the submission made on behalf of the petitioner, this Court is satisfied that in the facts and circumstances of the case, a lessor quantum of sentence shall subserve the cause of justice. Accordingly while upholding the conviction recorded by learned trial court and duly affirmed by lower appellate court, the sentence awarded under section 392 IPC is reduced to R.I. for 15 months With this modification in sentence, the application is dismissed. hr ( Kishore K. Mandal )