Partly allowed

Brahmdeo Mandal and Ors. v. The State Of Bihar

Patna HC12 Aug 2013CR. REV./1201/2012

Case brief

AI extract

What is this about?

The High Court of Patna, in criminal revision, modified the sentence awarded against multiple petitioners convicted for offences under Sections 326 and 323 IPC. The court reduced sentences to account for prolonged litigation spanning 31 years and detention already undergone by the petitioners. No challenge to conviction was raised.

What did the court decide?

Modification of the impugned order to reduce the sentence awarded to the petitioners based on the detention already undergone.

Brahmdeo Mandal and Ors. Vs The State Of Bihar — Criminal Trial and Appeal | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Revision No.1201 of 2012

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====================================================== 1. Brahmdeo Mandal, Son of Jhulanand Mandal. 2. Jhulanand Mandal, Son of Tetan Mandal. 3. Satya Narayan Thakur, Son of Jugal Kishore Thakur. 4. Dayanand Mandal, Son of Birju Mandal. 5. Gayanand Mandal @ Gajanand Mandal, Son of Birju Mandal. 6. Bodh Narayan Thakur, Son of Jugal Kishore Thakur. All resident of Village – Satber P.S. – Sikty, District – Araria. .... .... Petitioner/s Versus The State of Bihar .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 6 12-08-2013 Heard the parties.

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This revision application has been preferred against the judgment and order dated 30.07.2012 passed by learned Adhoc Additional Sessions Judge – IVth, Araria in Cr. Appeal No. 24 of 2005 / Trial No. 12 of 2011, confirming the conviction of petitioner no. 2, namely, Jhulanand Mandal for the offence under Sections 326 of the Indian Penal Code and sentence to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/-, in default, to further undergo simple imprisonment for one month and remaining petitioner nos. 1 and 3 to 6 for the offences under Section 323 of the Indian Penal Code and sentence to undergo simple imprisonment for six months as awarded by 1^st Additional Sessions Judge, Araria on 12.07.2005 in Sessions Trial No. 242 of 1987/Trial No. 101 of 1987 arising out of Sikty P.S. Case No. 59 of 1982.

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Submission is that petitioner no. 2 has already suffered more than what he has been awarded by the trial court and confirmed by the appellate court and rest of the petitioners also have suffered

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Patna High Court CR. REV. No.1201 of 2012 (6) dt.12-08-2013 2/2

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substantial detention around the period as awarded and confirmed by the appellate court and the main contention of learned counsel for the petitioners is that the sentence be modified to the extent undergone he is not intending to challenge the conviction of the petitioners.

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Finding substance in the submission, specially, taking into consideration 31 years consumed in the prolonged litigation, this revision application is hereby disposed of with only modification in order impugned to reduce the sentence awarded as undergone.

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(Akhilesh Chandra, J)

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Praveen-II/-

Brahmdeo Mandal and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Brahmdeo Mandal and Ors. v. The State Of Bihar

Case brief

What is this about?

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What the court decided

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