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2014 DIGILAW 246 (PAT)

Biswanath Singh v. State of Bihar

2014-02-13

AKHILESH CHANDRA

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JUDGMENT : AKHILESH CHANDRA, J.:–Heard learned counsels appearing on behalf of the parties. 2. This is an appeal preferred by all the seven appellants against judgment of conviction and order of sentence, respectively, dated 18th & 21st May, 2002 passed by learned Additional Sessions Judge-cum-Presiding Officer (Fast Track Court - IVth), Bhojpur, Ara, in Sessions Trial No. 358/86 arising out of Piro P.S. Case No. 015/84, wherein, they have been convicted for the offence punishable under Sections 307/149 of the Indian Penal Code and sentence to undergo rigorous imprisonment for seven years and further appellant nos. 4, 1, 2 5, 6 & 3, namely, Surjadeo Singh @ Surjadeo Yadav, Biswanath Singh @ Biswanath Yadav, Rajendra Singh @ Rajendra Yadav, Sri Ram Singh @ Sri Ram Yadav, Birendra Singh @ Birendra Yadav and Kamta Singh @ Kamta Yadav, have been convicted for the offence under Section 148 of the Indian Penal Code and sentence to undergo rigorous imprisonment for two years and appellant nos. 2, 5, 6 & 3, namely, Rajendra Singh @ Rajendra Yadav, Sri Ram Singh @ Sri Ram Yadav, Birendra Singh @ Birendra Yadav and Kamta Singh @ Kamta Yadav, have been convicted for the offence under Section 27 of the Arms Act and sentence to undergo rigorous imprisonment for three years and appellant no. 7, namely, Barhiyari Singh @ Barhiyari Yadav, has been convicted for the offence under Section 147 of the Indian Penal Code and sentence to undergo rigorous imprisonment for one year and all the appellants have also been sentence to pay a fine of Rs. 2,000/- each, in default, to further undergo simple imprisonment for six months. 3. After some arguments, learned counsel appearing on behalf of the appellants has chosen not to challenge their conviction, but confined his submissions on the point of sentence mainly on the ground of mental agony and financial losses etc. suffered for last about 30 years in this case of the year 1984 and the appellant nos. 3 & 6, namely, Kamta Singh @ Kamta Yadav and Birendra Singh @ Birendra Yadav, are being juvenile under the provisions of “The Juvenile Justice (Care and Protection of Children) Act, 2000” and there is also case and counter case and amicable settlement between the parties, on basis whereof, in counter case the prosecution side of instant case has been acquitted by the appellate court (Sessions Court). 4. 4. On the other hand, learned Additional Public Prosecutor, while raising no objection to the submissions made above, has pointed out about compensation to the injured persons, who are three in numbers, if the matter is inquired on the point of age etc. of the two appellants it may produce no fruitful result, but sheer wastage of time. 5. Having regard to the facts and circumstances, the sentence of abovenamed appellant nos. 3 & 6, as awarded by the trial court, is reduced as the period already undergone, but so far as the remaining appellants, i.e., appellant nos. 1, 2, 4, 5 & 7, are concerned, subject to deposit of the amount of fine already awarded by the trial court within a period of two months from today, their sentence, as recorded by the trial court, shall be treated reduced as the period already undergone and out of the fine amount, so deposited, Rs. 3,000/- shall go to each of the three injured persons and the remaining amount of Rs. 1,000/- shall go to District Legal Services Authority, Bhojpur at Ara. 6. With the above modification, in sentence, the appeal is hereby dismissed. 7. Let a copy of this judgment be at once communicated to the court below (Additional Sessions Judge-cum-Presiding Officer (Fast Track Court - IVth), Bhojpur, Ara, in Sessions Trial No. 358/86 arising out of Piro P.S. Case No. 015/84) through FAX at the cost of the appellants.