IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.424 of 2011 SAHDEO SAH . Versus THE STATE OF BIHAR . For the petitioner : Mr. Arvind Kumar Singh, Advocate. For the informant : Mr. Syed M. Ashraf, Advocate. For the State : Mr. Jharkhandi, Upadhyay, APP ----------- 04 04.05.2011 Heard learned counsel for the petitioner and the State. Petitioner before this Court is the father-in-law of the informant (PW2). He has been held guilty on trial vide Tr. No. 858 of 2009 under Sections 498A, 323 and Section 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for 02 years with fine, R.I. for 06 months and R.I. for 04 months with fine having default clause(s). Aggrieved by the judgment and order of conviction, he preferred appeal along with other co-convicts vide Cr. Appeal no. 86 of 2009 which was considered and on a re- appraisal of the evidence on record, learned lower appellate Court ( Additional Sessions Judge-2, Munger) confirmed the conviction and sentence recorded by learned trial Court by dismissing the appeal. It is agreed at Bar that two other co-convicts of the present case, namely, Rubi Devi and Gita Devi (married Nanad of the informant) approached this Court in Cr. Rev. no. 1251 of 2010. This Court by order dated 20.09.2010 commuted the sentence. Learned counsel for the informant has handed in a copy of the said order which is kept on record marked ‘X’. Learned counsel submits that petitioner had to undergo the ordeal of trial for more than 05 years. It is submitted that at the time of recording 2 conviction learned trial Court assessed him aged about 67 years. It is, thus, contended that as on today the petitioner is close to 70 years of age. It is, thus, submitted that he deserves a lenient quantum of sentence for the proven charge(s). It appears from order dated 20.09.2010 that on a consideration of submissions this Court had reduced the sentence imposed on co-convicts, namely Rubi Devi and Gita Devi. In the present case the petitioner is father-in-law. It appears that he is now aged about 70 years. Having regard to the aforesaid facts appearing from record, this Court is satisfied that a lesser quantum of sentence, in the facts and circumstances of the case, would sub serve the cause of justice. Accordingly, while upholding the order of conviction recorded by learned trial Court and duly affirmed by lower appellate Court the sentence awarded under Section 498A of the Penal Code is reduced to R.I. for 01 years. Other part(s)/condition(s) of sentence shall remain untouched/unaltered. With the aforesaid modification in sentence only, the application is dismissed. Sym (Kishore K. Mandal, J.)