IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1050 of 2010 1. ABBAS KHAN, SON OF IMTIYAZ KHAN 2. FAKRU ALIAS FAKRUDDIN KHAN, SON OF NEZAM KHAN 3. AHMAD KHAN @ KALA BILLA, SON OF KARU KHAN, ALL RESIDENT OF VILLAGE BANPUR, P.S. KHAIRA, JAMUI. …PETITIONERS Versus THE STATE OF BIHAR …OPPOSITE PARTY ----------- 2. 21.07.2010 Rule confined to the question of sentence only. Learned APP waives notice on behalf of the State. With consent of the parties, this application is now being disposed of. Petitioners were tried and convicted by learned trial court under order dated 01.03.2007 passed in G.R.No.170/2006, Trial No.1196/2007. They were held guilty under sections 457 and 380 IPC and sentenced to undergo R.I. for two years with fine having default clause on each count. Aggrieved by the aforesaid judgment and order, they preferred Cr. Appeal No.13/2007 which was dismissed by order dated 14.5.2010. Learned counsel for the petitioners submits that evidence on which the conviction has been based is weak evidence. He further submits that while recording the conviction, learned trial court, on the basis of submission advanced on behalf of the parties, found and recorded that petitioners were the first offender. He refers to the judgment in order to show that all the petitioners herein were middle aged persons. It is contended that - 2 - they are bread earner of the family and provide livelihood to them. These factors in the submission of the learned counsel merit consideration so far as quantum of punishment is concerned. Learned APP, on the other hand, opposes the application Having considered the submissions advanced at the Bar and after going through the materials available on record and keeping in view the fact that all the petitioners herein were aged persons(between the age group of 45 to 55 years) and that they had no past criminal history to their credit, this Court is satisfied that a lesser punishment, in the facts and circumstances of the case, shall meet the ends of justice. Accordingly, without interfering with the impugned order, this court orders as under: “All the petitioners herein shall undergo R.I. for one year under sections 457 and 380 IPC. They are also imposed a fine of Rs.1500/- under each count. In default of payment of fine, they shall further undergo R.I. for three months.” With the aforesaid modification in sentence, the application is dismissed.” hr ( Kishore K. Mandal )