Md. Tahir and Ors. v. The State Of Bihar
Case brief
What is this about?
High Court criminal revision against appellate convicting order. Bench reduced combined imprisonment under IPC 323, 452 deemed sufficient. Appellants released on order of High Court to High Court orders supreme court shall quash orders of conviction if otherwise cruel and unheard.
What did the court decide?
Sentence of imprisonment modified and reduced to the period of custody already undergone by the petitioners. Appellants to be released forthwith if not wanted in any other case.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.538 of 2016
Arising Out of PS.Case No. -null Year- null Thana -null District- ARRARIA =========================================================== 1. Md. Tahir, son of Late Sakalu 2. Md. Arfin @ Chulhai, son of Late Enamul 3. Md. Kalim, son of Late Istaf Ali All are resident of village Tola Thariya (Doaria) Bakia, Police Station simraha, District Araria
.... .... Petitioners Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Petitioners : Mr. Anil Prasad Singh, Advocate For the Respondent : Ms. Madhuri Lata, APP
The State of Bihar
=========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
JUDGMENT AND ORDER
ORAL
Date: 24-11-2016
This criminal revision application, under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, has been preferred against the judgment and order, dated 07.04.2016, passed, by learned Additional Sessions Judge I, Araria, in Criminal Appeal No. 93 of 2009, whereby he has affirmed the conviction of the petitioners under Sections 323 and 452 read with Section 34 of the Indian Penal Code, as recorded by the learned Judicial Magistrate, 1st Class, Araria, in G. R. No. 840 of 1994 (T. R. No. 1005 of 2009).
Issues for consideration
3 issues framed by the court
Whether the sentence imposed on the appellants should be modified in view of their acquittal on the charge of theft and their age.
Whether the appellants should be released from custody considering the time already undergone.
Whether leniency in sentencing is warranted due to the prolonged trial and advanced age of the appellants.
Parties & counsel
- appellant
Md. Tahir
- appellant
Md. Arfin @ Chulhai
- appellant
Md. Kalim
Coram
Case details
As recorded by the court registry
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