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2013 DIGILAW 663 (PAT)

Sanjay Jha @ Sanjay Kumar Jha v. State of Bihar

2013-06-19

AKHILESH CHANDRA

body2013
JUDGMENT 1. Heard the learned counsels appearing on behalf of the parties. 2. The solitary appellant stands convicted for the offences under Sections 307 of the Indian Penal Code and 3/4 of Explosive Substances Act and sentenced to undergo rigorous imprisonment for five years each for both the offences besides payment of Rs. 5,000/- each as fine and on failure further to undergo imprisonment for three months, by learned Additional District and Sessions Judge – IV, Bhagalpur in Sessions Trial No. 463 of 2007 arising out of Nath Nagar Madusudanpur P.S. Case No. 425 of 2006. 3. After some arguments, learned counsel for the appellant concedes to the finding of the court below as regard to conviction of the appellant for the aforesaid offences but sought reduction in period of sentence awarded mainly on the ground that the occurrence taken place in a petty dispute relating to disposal of wastage of the house and parties are being agnates. Further, the appellant has already suffered detention for about three years and ready to pay the fine so awarded. 4. Having regard to the facts and circumstances as emerged from the judgment of the court below as well as on perusal of the lower court record, it appears desirable that sentence awarded be reduced as sentence undergone apart payment of fine. Out of the amount so deposited by the appellant (Rs. 10,000/-) half i.e. Rs. 5,000/- shall be paid to the informant. 5. Accordingly, with the above modification in sentence, the appeal stands disposed of. Appeal disposed of.