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2014 DIGILAW 144 (PAT)

Mahfooz Alam v. State of Bihar

2014-01-29

AKHILESH CHANDRA

body2014
JUDGMENT : AKHILESH CHANDRA, J.:–Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State. 2. All the ten appellants have preferred this appeal against their conviction under section 304 part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and appellant Nos. 2, 4, 8 and 10 namely, Maqsood Alam, Bachcha Mian, Faizur Rahman @ Mukarram and Zahidur Rahman, for the offences under Sections 379 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for one year, however, the sentences are to run concurrently, as awarded on 19th March 2002, by learned Additional Sessions Judge (Fast Track Court No. 1), Purnea, in Sessions Trial no. 301/1985 arising out of Kochadhaman P.S. Case No. 53/1983, instituted for the offences under sections 147, 148, 341, 379, 114 and 302 of the Indian Penal Code. 3. During the pendency of this appeal, appellants nos. 3 and 9 namely Hafizuddin @ Ghistu and Bajlur Rahman are respectively dead on 23.01.2013 and 13.05.2010. 4. The parties by filing petition of compromise and the informant by filing separate application admit the factum of death of these two appellants. Consequently, the appeal stands abated as regard to them. 5. Learned counsel for the appellants chosen not to challenge the factum of surviving appellants but confined submission on the point of sentence mainly on the ground lapse of about 31 years long litigation suffering of the parties by all means and the amicable settlement arrived between them not only in the instant case but also in Criminal Appeal (SJ) No. 249/2002 in connection with Sessions Case No. 336/89, Tr. No. 213 of 2002, arising out of Kochadhaman P.S. Case No. 52/1983, the appellants have also suffered detention though for a brief period. 6. Having regard to the facts and circumstances, the sentence awarded to the appellants is reduced as undergone. 7. With the above modification in sentence, the appeal is hereby dismissed. 8. Let the lower court records be sent back to the court below forthwith.