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2014 DIGILAW 35 (PAT)

Bindeshwari Paswan v. State of Bihar

2014-01-09

AKHILESH CHANDRA

body2014
AKHILESH CHANDRA, J.:–Since both these appeals arise out of one case, they are being taken up together and are disposed of by this composite order. 2. Heard learned counsels appearing on behalf of the parties. 3. The appellant, namely, Bindeshwari Paswan, has preferred this appeal (Cr. Appeal (SJ) No. 154/2002) against his conviction for the offence under Sections 307 read with Section 34 of the Indian Penal Code and under Section 342 of the Indian Penal Code and respective sentence awarded rigorous imprisonment for eight years and six months, whereas, the appellant, namely, Kamal Paswan, has preferred this appeal (Cr. Appeal (SJ) No. 178/2002) against his conviction for the offences under Sections 307, 326 and 342 of the Indian Penal Code and respective sentence awarded rigorous imprisonment for eight years, five years and simple imprisonment for six months as awarded on 02nd Day of March, 2002 by Additional District & Sessions Judge - Fast Track Court, Bhagalpur in Sessions Trial No. 152 of 1986 arising out of Pirpainty P.S. Case No. 257 (12)/83. 4. After some arguments, learned counsel appearing on behalf of both the appellants has chosen not to challenge the conviction but confined his submissions on the point of sentence and contended that in this case of the year 1983 the appellants as under trial have suffered for nineteen odds years and, thereafter, these appeals have also travelled for twelve years. Apart from the detention for around one month by appellant, namely, Bindeshwari Paswan and about seven months by appellant, namely, Kamal Paswan, they have suffered mental agony for substantial long period besides financial constrain etc. and the injuries sustained by the injured is simple in nature though on vital part, but grievous on non-vital part (upper forearm). On the other hand, learned Additional Public Prosecutor while considering the submissions submitted that the injured informant deserves monetary compensation, if there is any reduction in their respective sentences. 5. Having regard to the facts and circumstances, subject to payment of Rs. 8,000/- (Rupees Eight Thousand) by appellant Bindeshwari Paswan (Cr. Appeal (SJ) No. 154/2002) and Rs. 10,000/- (Rupees Ten Thousand) by appellant Kamal Paswan (Cr. Appeal (SJ) No. 178/2002) within two months from today, the sentences awarded by the court below for different of offences is modified and reduced as already undergone. 8,000/- (Rupees Eight Thousand) by appellant Bindeshwari Paswan (Cr. Appeal (SJ) No. 154/2002) and Rs. 10,000/- (Rupees Ten Thousand) by appellant Kamal Paswan (Cr. Appeal (SJ) No. 178/2002) within two months from today, the sentences awarded by the court below for different of offences is modified and reduced as already undergone. On such deposit of eighty percent of the amount, shall go to the injured informant, if he is alive, or to his heirs. 6. With the above modification in sentences, both these appeals are hereby dismissed. 7. Let this order be communicated to the court below, i.e., Additional District & Sessions Judge - Fast Track Court, Bhagalpur in Sessions Trial No. 152 of 1986 arising out of Pirpainty P.S. Case No. 257 (12)/83, through FAX at the cost of the appellants.