Criminal Appeal (SJ) No.151 of 1994 Against the order of conviction and sentence dated 31. 05. 1994, passed by Shri P. K. Singh, 3rd Additional Sessions Judge, Siwan, in Sessions Trial No. 439 of 1989. 1. Indrashan Singh @ Indrashan Prasad Singh, son of Gaya Prasad. 2. Oshihar Singh, son of Indrashan Prasad Singh, Both residents of Village- Narharpur, Police Station- Barharia, District- Siwan. .... .... Appellants. Versus The State Of Bihar .... .... Respondent. For the Appellants : Mrs. Vimala Kumari, Amicus Curiae. For the Respondent State : Mr. Sujit Kumar Singh, A.P.P. PRESENT THE HONOURABLE MR. JUSTICE GOPAL PRASAD Gopal Prasad,J. On repeated calls no one appears on behalf of the appellants. 2. Mrs. Vimala Kumari, Advocate appears and prays that she may be permitted to appear in this case as Amicus Curiae. 3. Prayer is allowed. 4. The appellant no. 2 has been convicted for offence under Section 304 part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and further convicted for offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for one year. The appellant no. 1 has been convicted for offence under Section 304 2 part II read with under Section 109 of Indian Penal Code and sentenced to simple imprisonment for three years. 5. Learned Amicus Curiae has however, contended that appellant no. 1 was eighty years old at the time of judgment and appellant no. 1 has already remained in jail for five years and the occurrence is of year 1989. 6. Hence having regard to the fact that appellant no. 2 remained in jail for five years and occurrence is of year 1989 and appellant face the rigor of prosecution and appeal since 1989. 7. Hence order of sentence modified for the period already undergone and appeal dismissed with modification in sentence. Patna High Court The 29th July,2011 NAFR/m.p. ( Gopal Prasad, J.)