Patna High Court - Orders
Sheo Jogi Yadav vs The State Of Bihar on 12 September, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.991 of 2011
Sheo Jogi Yadav son of Late Khedaru Yadav,
resident of village Ram Dathi, P.S. Sahpur,
District- Bhojpur.
.... Petitioners.
Versus
The State Of Bihar ... Opposite Party
------
For the petitioner : Mr. Bhavesh Kumar,Adv.
For the State :Mr. S. Pd. Singh, A.P.P.
-----------
3. 12.09.2011The accused-petitioner has preferred this revision application against the judgment and order dated 17th June 2011 passed by the learned Additional Sessions Judge, III, Bhojpur, Ara in Cr. Appeal No. 6 of 1997 by which the judgment of conviction and order of sentence dated 28.1.1997 passed by the learned 1st Assistant Sessions Judge, Ara in Sessions Trial No. 512 of 1989 has been confirmed and the appeal has been dismissed.
The matter has come for hearing on the matter of grant of bail. Learned counsel for the petitioner has submitted that lower court records have been received and this revision application may be disposed of at this stage itself. Learned counsel for the State has got no objection.
The prosecution case, in brief, is 2 that in the night of 15/16 July 1988, the informant was sleeping in his cattle shed, at 12 O'clock in the night he woke up on Hulla of dacoit-dacoit and went to his house with Bhala and noticed that dacoits were running with box and one of the dacoits was going with a box on his head. The informant gave Bhala blow on the dacoit who fell down on the ground then another dacoit fired on the informant causing injuries on his left hand. Several witnesses arrived there but the dacoits succeeded in fleeing away with looted articles worth Rs.10,000/- The members of the family of the informant saw the occurrence.
On the basis of the statement of the informant, Sahpur P. S. Case no. 90 of 1988 was instituted under Section 395 IPC against 15 to 20 unknown dacoits. After investigation the police submitted charge-sheet against two accused under Sections 395 and 412 I.P.C. During trial one accused died and proceeding was dropped against him. The charges were framed under Section 395 and 412 I.P.C. against sole accused- petitioner. After trial the accused- petitioner was acquitted under Section 395 IPC and was held guilty under Section 412 3 I.P.C. and he was sentences to undergo rigorous imprisonment for four years vide judgment and order dated 28.1.1997. Against that judgment and order, the petitioner filed Cr. Appeal No. 6 of 1997 by which the conviction and sentence passed by the learned trial Court has been upheld and the appeal has been dismissed.
It has been submitted by the learned counsel for the petitioner that order of conviction and sentence passed by the learned trial Court has been confirmed by the learned Appellate Court. There is concurrent finding of both the courts below. The occurrence has taken place on 15/16 July 1988. More than 23 years have passed and the petitioner has been suffering from mental agony and he is aged about 70 years. He has been in custody prior to trial and after the conviction also. He has been in custody for about six and a half months.
Learned counsel for the State could not controvert the contention of petitioner.
After hearing learned counsel for both the parties and on perusal of material on record, it appears that the occurrence has taken place more than 23 years ago. The 4 petitioner has been suffering from mental agony. He is also in custody for some time. The petitioner is also an old man and his sentence deserves to be modified.
Considering the facts and circumstances, the sentence of the petitioner is reduced to the period already undergone in custody. To this extent, the sentence passed by the learned Appellate Court is modified. The petitioner is directed to be released forthwith, if not required in any other case.
With the aforesaid modification in the sentence, this revision application is dismissed.
Kanchan (Amaresh Kumar Lal, J.)