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1997 DIGILAW 816 (PAT)

Vincent Aind v. State Of Bihar

1997-11-19

LOKNATH PRASAD

body1997
Judgment Loknath Prasad, J. 1. This revision is directed against the judgment dated, 26.8.1993 passed in Cr. Appeal no. 33/93, passed by Judicial Commissioner, Ranchi thereby and thereunder this petitioner was found guilty under Section 307 of the IPC, and he was sentenced to undergo RI for four years. 2. The fact in short for the purpose of this revision that according to the prosecution on 19.9.1991, the injured Karlua Aind and the petitioner had gone together for doing work in a place and this petitioner assaulted by blunt portion of the tangi in Karmatanr. So this case was instituted. In the trial in S.T. no. 413/92. the petitioner claimed himself innocent and denied the entire allegation but the trial court i.e.. Shri G.W. Baa. Asstt. Sessions Judge III. Ranchi believed the prosecution story and convicted and sentenced the petitioner to undergo RI 5 years under Section 307 of the IPC against that Cr. Appeal no. 33/93 was preferred that too was dismissed by the learned Judicial Commissioner. However, sentence of five years RI was modified and reduced to 4 years RI against that order of conviction this revision had been preferred. 3. At the time of admission this revision was admitted only on the point of sentence and as such learned counsel for the petitioner frankly submitted that he is pressing this revision only on the point of sentence. It was contended that the petitioner and the injured had gone to a place in connection with some work and so there was no prior intention to cause any injury and moreover, the petitioner had got no criminal history and he is a poor labourer and already remained in custody for 27 months. 4. Considering all these facts and as the petitioner remained in custody for 27 months during trial. so though the petitioner was found guilty under Section 307 of the IPC. but his sentence is reduced to the period already undergone. 5. Accordingly this revision is dismissed with modification in sentence. The petition is disclaimed from the liabilities on his bail parts. Revision dismissed with modification of sentence.