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2000 DIGILAW 2141 (SC)

Alakhdeo Singh v. State of Bihar

2000-12-08

K.T.THOMAS, R.P.SETHI

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ORDER : 1. Leave granted. 2. The three appellants were convicted under Section 307 read with Section 34 of the IPC. The first appellant was sentenced to imprisonment for four years and the other two appellants were sentenced to undergo imprisonment for two years each. The High Court altered the conviction in respect of the first appellant to Section 326 and reduced the sentence to imprisonment for two years. By the same judgment the High Court altered the sentence in respect of the remaining two appellants to Section 323, IPC and sentenced them to undergo imprisonment for six months each. 3. As against the concurrent findings on facts we are not disposed to interfere. Looking at the injury sustained by the injured (a fracture on the clavicle and also on the upper part of the numerous) we are not inclined to show any further leniency to the first appellant in regard to the sentence. However, the other two appellants have not inflicted any grievous injury to the injured. Hence, we are inclined to reduce the sentence of imprisonment to the period already undergone in respect of the appellant two and three. We do so. 4. The appeal is disposed of according. Appeal disposed.