IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.204 of 2009 MOHAMAD RAYAS ANSARI Versus STATE OF BIHAR ----------- 05. 02.07.2009 Heard. Admit. Rule limited to question of sentence. The learned A.P.P. appearing on behalf of the State waives the notice. With the consent of the parties, the matter is being disposed of at this stage itself. Petitioner has been convicted under diverse Sections of the Penal Code including Section 394 and 411 of the Penal Code. But sentence has been recorded only under Section 394 of the Penal code. He has been convicted for a terms of three years R.I. and also imposed a fine of Rs. 2,000/- with default clause. Petitioner aggrieved by the said order preferred appeal vide Cr. Appeal No. 39/2008. By the impugned judgment dated 2nd January, 2009 rendered by the Sessions Judge, Khagaria, the Appellate Court, on appraisal of the evidence available on record, set aside the conviction recorded by the learned trial court under Section 411 of the Penal Court but maintained the conviction recorded by the learned trial Court under Section 394 of the Penal code. Learned counsel for the petitioner referring to the 2 impugned judgment submits that petitioner was found to be a rickshaw puller. It is further contended that he is sole bread- earner of the family. Referring to the concluding portion of the judgment rendered by the learned trial court, it has been contended that admittedly he is the first offender. It is further submitted that the petitioner continued to fight the present litigation since last three years. On the strength of these statements, it has been stated that the petitioner deserves leniency in sentence which has been imposed upon him. Having considered the submissions and after going through all the relevant materials available on record, in the considered view of this Court, the following sentence shall sub serve the ends of justice: The petitioner is convicted for a period of two years and six months under Section 394 of the Penal Code instead of 03 years so recorded by the trial court. Other part/condition of sentence shall remain intact. The application is accordingly dismissed with modification in sentence as indicated above. Sym/ (Kishore K. Mandal, J.)