IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.503 of 2011 NATHANIEL MANOHAR DAYAL, SON OF YISHU DAYAL ISAI, RESIDENT OF VILLAGE- PARMANPUR, P.S. KAORANSARAI, DISTRICT BUXAR, PRESENTLY RESIDING OF NEHRU NAGAR, P.S. BUXAR TOWN, BUXAR. …PETITIONER Versus THE STATE OF BIHAR …OPPOSITE PARTY ----------- 04. 12.05.2011 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 along with others were made accused and tried for offences punishable under diverse section of the penal Code, vide Tr.No.25/2009. He was held guilty under sections 147,149,323 & 452 IPC and sentenced thereunder. Aggrieved by the aforesaid judgment and order of conviction, the petitioner preferred appeal being Cr. Appeal No.58/09. Learned appellate court on a re-appraisal of the evidence on record set aside the conviction of some of the co-convicts. So far as the petitioner is concerned, the conviction recorded under section 323 IPC was upheld and he was sentenced to undergo S.I. for six months with fine. Learned counsel for the petitioner submits that petitioner is in custody for more than three months by now. Petitioner had to face the rigours of trial for over three years. Referring to Annexure-1, it is submitted that one of the co- 2 convicts was dealt with by this Court in Cr. Rev. No.1669 of 2010 whereby he was directed to be released under the Probation of Offenders Act. Having considered the submissions and after perusal of the two judgments, this court is satisfied that a lessor quantum of sentence, in the facts and circumstances of the case, would meet the ends of justice. Accordingly, while upholding the conviction under section 323 IPC, as recorded by learned appellate court, the sentence imposed thereunder is reduced to S.I. for four months. This Court also sets aside the fine imposed on him under section 323 IPC. With this modification in sentence, the application is dismissed. hr ( Kishore K. Mandal )