Dharmender Kumar vs The State of Bihar

Amaresh Kumar Lal, J.—The accused petitioner has preferred this revision application against the judgment and order dated 10.07.2002 passed by the learned 1st Additional Sessions Judge, Aurangabad in Cr. Appeal No. 24/1997/09/1999 by which the judgment and order of conviction and sentence dated 31.01.1997 passed by the learned Judicial Magistrate, 1st Class, Aurangabad in G.R. No. 231/1994, Trial No. 181/1997 convicting and sentencing the accused to undergo R.I. for three months u/s 406 has been confirmed and the appeal has been dismissed.

The main contention of the learned counsel for the petitioner is that the petitioner has been suffering from mental agony for the last 17 years. The occurrence has taken place in the month of February, 1994 and the petitioner has also remained in custody for more than two weeks. The petitioner has no criminal antecedent.

The learned counsel for the State could not controvert the contention of the learned counsel for the petitioner.

After hearing the learned counsel for both the parties and on perusal of the material on the record, it appears that the contention of the learned counsel for the petitioner is correct. The petitioner has been suffering from mental agony for more than 17 years. He has also remained in custody for some time. In my opinion, it is a fit case in which sentence can be modified.

Considering the facts and circumstance, the sentence of the petitioner is reduced to the period undergone in custody.

With this modification in the sentence, this revision application is dismissed.