Patna High Court
Parma Nand Singh & Ors vs State Of Bihar on 6 February, 2014
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.256 of 2002
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1. Parma Nand Singh son of late Ganesh Prasad Singh
2. Raj Karan Singh son of late Randhir Singh
3. Rama Nand Singh son of late Kailash Singh
4. Rama Nand Singh son of late Nand Kumar Singh
5. Girendra Singh @ Girendra Kumar Singh son of late Ram Lakhan Singh
All resident of Tola Jamsi P.S. Sabour, Distt-Bhagalpur.
.... .... Appellants
Versus
The State of Bihar
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. B. P. Pandey, Sr. Advocate
Mr. P. K. Sinha, Advocate
For the State : Mr. Sujit Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL JUDGMENT
Date: 06-02-2014 Heard the parties.
The five appellants have preferred this Appeal against their conviction for the offence under Section 452 and 147 of the Indian Penal Code and sentence to undergo rigorous imprisonment for two years for the offence under Section 452 of the Indian Penal Code no separate sentence was awarded for another offence by learned Sessions Judge, Fast Track Court, Bhagalpur on 9th May 2002 in Sessions Trial No.461 of 1986/ 25 of 2002 arising out of Sabour P.S. Case No. 197 of 1984 initially instituted for the offence under Section 452,325/149,367/149,148,380 and 147 of the Indian Penal Code.
After some argument, learned counsel for the appellants Patna High Court CR. APP (SJ) No.256 of 2002 dt.06-02-2014 2/2 chosen not to challenge the conviction but confined his submissions on the point of sentences mainly on the ground of mental agony and financial loss etc. in this case of the year 1982 for about 32 years besides their detention as under trial for about a month.
Learned Additional Public Prosecutor while considering the statements raised the point of monitory compensation to the informant.
Having regard to the facts and circumstances, subject to deposit of Rs.2,000/- each of five appellants, within two months, the sentences awarded to them be reduced as undergone. On deposit of said amount, 50% shall go to the informant, if alive, otherwise his legal heir/heirs and rest 50% shall go to the District Legal Services Authority, Bhagalpur.
With the above modification in sentence Appeal is hereby dismissed.
Let this order be communicated to the Court below aforementioned through FAX at the cost of appellants.
(Akhilesh Chandra, J) Ashwini/-
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