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2011 DIGILAW 1636 (PAT)

Godhan Ram v. State Of Bihar

2011-08-04

GOPAL PRASAD

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JUDGEMENT Gopal Prasad, J. 1. Heard learned counsel for the appellants and learned counsel for the State. 2. The appellant no. 1, Godhan Ram has been convicted under Section 147 I.P.C. and sentenced to undergo rigorous imprisonment for one year and further convicted under Section 25(1) (a) of the Arms Act and sentenced to undergo rigorous imprisonment for four years. Appellant no. 2 Tulshi Ram has been convicted under Section 147 I.P.C. and sentenced to undergo rigorous imprisonment for one year and further convicted under Section 325 I.P.C. for four years. However, appellant nos. 3 to 11 have already been given benefit of doubt under Section 360 Cr.P.C. 3. Learned counsel for the appellants however contends that a lenient view may be taken as it is a case and counter case. 4. However, taking into consideration the fact that occurrence is of the year 1989 and appellant nos. 1 and 2 have remained in jail after conviction from 21. 08. 1998 to 15. 09. 1998. 5. Hence in the interest of justice shall meet by sentencing the appellants for the period already undergone and hence with this modification of sentence, the appeal is dismissed.