IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.971 of 2010 1. YOGENDRA SAHU 2. HARI SAHU 3. MADAN SAHU 4. MISHORI SAHU 5. RAJ KISHORI SAHU 6. RAGHUBIR SAHU Versus THE STATE OF BIHAR ----------- 02. 09.07.2010 Heard both sides. Rule confined to the question of sentence only. Learned APP waives notice on behalf of the State. With the consent of the parties, this application is now being disposed of. In view of the submissions advanced on behalf of the petitioners and the order this Court proposes to pass, it is not apposite to set out background facts in detail. Petitioners were tried for an offence punishable under section 7 of the E.C. Act, convicted and sentenced to undergo R.I. for two years. The appeal of the petitioners being Cr.Appeal No.34 of 1995/114 of 2008 was considered and dismissed by learned Addl. Sessions Judge, F.T.C.III, Madhubani by order dated 9.4.2010. It is submitted that the occurrence in the present case had taken place sometimes in the year 1982. Petitioners were made to undergo the rigours of trial for more than two decades. It is next contended that there is no material on record as would be reflected from the two judgments that they were earlier prosecuted and - 2 - convicted for criminal offence. It is thus contended that a lenient view so far as the sentence is concerned, may be taken. Learned APP, on the other hand, submitted that concurrent finding of guilt recorded by the two courts below do not merit any interference. He, however, admits that the trial of the petitioners consumed a long time. Having heard both sides and after going through the materials placed on record, this Court is satisfied that a lenient view in so far as sentence is concerned, shall meet the ends of justice. Consequently, while maintaining the conviction recorded under section 7 of the E.C. Act, the sentence imposed on the petitioners is reduced to R.I. for one year. With this modification in sentence only, the application is dismissed. hr ( Kishore K. Mandal )