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2005 DIGILAW 507 (SC)

BIRENDRA SHARMA v. State Of Bihar

2005-03-04

ARUN KUMAR, B.P.SINGH

body2005
ORDER 1. Special leave granted. 2. We have heard counsel for the parties. 3. The four appellants herein were tried along with Laxman Sharma (since deceased) and Vikrama Mishra for having committed offences under Sections 304-A, 336 and 201 of the Indian Penal Code (lPC). We are B informed that Vikrama Mishra has been acquitted by the Sessions Court. The appellants have been sentenced to undergo rigorous imprisonment for one year and three months for the offence punishable under Sections 304-A/336 and 201 IPC. The sentence passed by the Judicial Magistrate, First Class, Betia was affirmed by the II1rd Additional Sessions Judge, Betia. The revision preferred by the appellants herein was dismissed by the High Court. 4. It is submitted that Laxman Sharma was the head of the family who had allegedly taken illegal electric connection from the tubewell, and it was on account of the electric wire falling on the deceased that (sic) two ladies lost their lives. The aforesaid Laxman Sharma is dead. We have before us Appellants 1 and 2 who are the brothers of Laxman Sharma, Appellant 3 who is the son of Laxman Sharma while Appellant 4 is residing with the family. At best, the allegation against them is of having committed the offence punishable under Section 201 IPC, since they are said to have removed the electric wire and poles from the place of occurrence with a view to destroy the evidence against Laxman Sharma. In view of the facts and circumstances of the case, we feel that the sentence of one year and three months is not justified insofar as the appellants herein are concerned. 5. We are informed that the occurrence took place in the year 1990 and the appellants were put up for trial. They have been in custody. since a 18-6-2004. In our view the sentence already undergone by the appellants will meet the ends of justice. In the circumstances, this appeal is allowed to the extent that the sentence of the appellants is reduced to the sentence already undergone by them. Their bail bonds are discharged, and they are directed to be released forthwith unless required in connection with any other case.