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2014 DIGILAW 157 (PAT)

Jahangir v. State of Bihar

2014-01-31

AKHILESH CHANDRA

body2014
JUDGMENT : AKHILESH CHANDRA, J.:–Heard learned counsel for the appellants, learned counsel for the informant and learned Additional Public Prosecutor for the State. 2. Both these appeals have been preferred by respective appellants against judgment dated 7th September 2000 by 1st Additional Sessions Judge, Sitamarhi, in connection with Session Trial No. 240/97/96/2000 arising out of Parihar P.S. Case No. 13 of 1997, against their conviction for the offence under Sections 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 3000/- and in default of payment of fine further sentenced to undergo rigorous imprisonment for one year. And appellant Jahangir @ Dulare has also been convicted for the offences under Section 397 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years. Further, both the sentences are to run concurrently. 3. Learned counsels representing the appellants, after some arguments, chosen not to challenge the conviction of the appellants but confined their submissions on sentence only, mainly on the ground of lapse of 17 odd years mental agony suffered by the appellants besides their detention for about four years before being released on bail in these appeals. 4. Learned Additional Public Prosecutor raises no objection except monetary compensation to the informant. 5. Having regard to the facts and circumstances, subject to deposit of Rs. 12,000/- (twelve thousand only) by appellant Bhola Mahto within three months his sentence is reduced as undergone. 6. So far as appellant Jahangir @ Dulare is concerned since he stands convicted for the offences under Section 397 of the Indian Penal Code also, wherein minimum sentence prescribed is 7 years, his sentence is reduced to 7 years. Bail bond of appellant Jahangir @ Dulare is hereby cancelled and he is directed to surrender immediately before the court below to serve the remaining sentence. 7. With the above modification in sentence both these appeals are hereby dismissed. 8. Let a copy of this judgment be communicated to the court below, as aforesaid, through FAX at the cost of the appellants.