Patna High Court
Sanjay Sah @ Bhondu vs The State Of Bihar on 24 November, 2016
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.515 of 2016
Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA
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1. Sanjay Sah @ Bhondu S/o Late Sreenath Sah R/o- Maharajganj, Kurmitola, P.S.-
Alamganj, District- Patna
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Nityanand Kumar, Advocate
For the Respondent/s : Mr. Manish Kumar No. 2, APP
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
JUDGMENT AND ORDER
ORAL
Date: 24-11-2016
The petitioner stood convicted of offences
punishable under Sections 394 and 411 of the Indian Penal
Code and Section 28 of the Arms Act, 1959, by learned
Additional Chief Judicial Magistrate, Patna City, vide judgment
and order, dated 18.06.2015, passed in connection with
Alamganj Police Station Case No. 13 of 2015 (G. R. No. 121 of
2015). The learned Trial Court after having held the petitioner
guilty of the said offence, sentenced him to undergo rigorous
imprisonment for three years, each for the offence punishable
under Sections 28 of the Arms Act, 1959, Sections 394 and
411 of the Indian Penal Code. The sentences were to run
concurrently.
Patna High Court CR. REV. No.515 of 2016 dt.24-11-2016
2/3
2. The petitioner preferred appeal against the said
judgment and order of the learned Trial Court, which came to
be finally decided, by the judgment and order, dated
03.02.2016, passed, by learned Additional Sessions Judge V, Patna City, in Criminal Appeal No. 151 of 2015. By the said judgment and order, the learned Appellate Court has modified the sentence of imprisonment for the period of 2½ years for the offence under Section 394 of the Indian Penal Code and for the offence punishable under Section 28 of the Arms Act, 1959. While reducing the sentence of imprisonment, the learned Appellate Court has imposed a fine of Rs. 5,000/- for conviction of the petitioner under Section 394 of the Indian Penal Code and Section 28 of the Arms Act, 1959, each.
3. The present criminal revision application has been filed against the said judgment and order, dated 03.02.2016, passed by the learned Additional Sessions Judge V, Patna City.
4. On perusal of the impugned judgment and order of the Courts below, I find that so far as the conviction of the petitioner of the offence punishable under Section 394 and 411 of the Indian Penal Code and Section 28 of the Arms Act, 1959, is concerned, the concurrent findings of facts recorded by the Courts below cannot be said to be suffering from any perversity, warranting this Court's interference in revisional Patna High Court CR. REV. No.515 of 2016 dt.24-11-2016 3/3 jurisdiction.
5. The sentence of imprisonment cannot be said to be inappropriate and disproportionate in the facts and circumstances of the case, in view of the nature of offence proved against him.
6. This criminal revision application has no merit. It is accordingly dismissed.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/-
AFR/NAFR NAFR CAV DATE N.A. Uploading Date 25.11.2016 Transmission Date 25.11.2016