IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.481 of 2011 1. NARESH SINGH @ RAM NARESH SINGH, S/O- LATE GONI SINGH 2. ANIL SINGH, S/O- NARESH SINGH 3. AWADH SINGH @ AWADHESH SINGH, S/O- NARESH SINGH Versus THE STATE OF BIHAR ----------- 2 25.04.2011 After hearing learned counsel for the parties, this Court is satisfied that the matter requires consideration only on the question of sentence. Hence Rule confined to question of sentence only. Learned A.P.P. waives notice on behalf of the State. With the consent of the parties, this application is being finally disposed at this stage. Petitioners assail the judgment and order dated 13th January, 2011 passed by learned Addl. Sessions Judge, F.T.C.-II Nawada in Cr. Appeal No. 22/13 of 2001/2010 whereby the appeal preferred by the petitioner stood dismissed but with modification in sentence. Petitioners were tried along with other accuseds in Tr. No. 1110 of 2001. Four witnesses were examined to prove the case. On a consideration of the matter, they were held guilty under Sections 147, 148, 323 and 452 of the Indian Penal Code and were sentenced to undergo R.I. for 02 years each under Section 147 of Indian Penal Code. They were also sentenced under Sections 323, 452 of the Indian Penal Code and sentenced to undergo R.I. for 06 months and R.I. 2 for 02 years respectively. Petitioner No. 1 was also held guilty under Section 148 IPC and sentenced to undergo R.I. for 01 year. Aggrieved by the aforesaid order, they preferred appeal. Learned Lower Appellate Court on reappraisal of the materials on record, dismissed the appeal but modified the sentence. Petitioner No. 1 was imposed a fine with default clause under Section 148 IPC. Petitioner Nos. 2 and 3 were also imposed fine with default clause under Section 147 IPC. Conviction recorded under Sections 323 and 452 was/were reduced to imposition of fine and R.I. for 06 months respectively. Learned counsel submits that two of the co- convicts moved this Court in Cr. Rev. No. 429 of 2011 (Ambika Singh & Anr versus The State of Bihar) which was disposed of by order dated 8.4.2011. A copy of the said order has been handed in which is kept on record marked “Y”. It appears that considering the age, this Court reduced the sentence. It is submitted that petitioner No. 1 was found aged about 63 years at the time of conviction. In the light of the order dated 8.4.2011 passed in Cr. Rev. No. 429 of 2011, this Court is inclined to dispose of the matter. Accordingly, while upholding the conviction recorded by learned Trial Court and duly affirmed by learned Lower Appellate Court, the sentence awarded to the petitioners by the learned Lower Appellate Court is reduced as under: 3 (i) Petitioner No. 1 shall undergo R.I. for 02 months under Section 452 of Indian Penal Code. Other part(s)/condition(s) of the sentence shall remain intact/unaltered. (ii) Petitioner Nos. 2 and 3 shall undergo R.I. for 04 months under Section 452 of Indian Penal Code. Other part(s)/condition(s) of the sentence shall remain intact/unaltered. With this modification in sentence, the application is dismissed. pkj ( Kishore K. Mandal, J)