Mahtab Singh @ Matab Lal Singh and Others vs State of Bihar

S.N. Pathak, J.—This revision is directed against the judgment dated 4.5.2000, passed by 3rd Additional Sessions Judge, Vaishali at Hajipur in Cr. Appeal No. 84, whereby the appellate Court maintained the order of conviction recorded by the trail Court in its judgment dated 16.8.1994 and modified the sentence of imprisonment and imposed a fine of Rs. 500/-for the offence under Sections 323 and Rs. 300/- for the offence under Sections 147 of the Indian Penal Code. The revisionist No. 10 Shivjee Singh was awarded with a sentence of fine of Rs. 1000/- for the offence u/s 324 of the Indian Penal Code.

The revisionists lawyer submitted that the petitioner No. 4 is a Government servant in the police department. Moreover, there is a counter case, so the revisionists deserve leniecny from this Court.

Admittedly the appellate Court modified the sentence of fine and set aside the sentence of imprisonment. I do not think that any further leniency is required or deserved by the revisionist from this Court. Moreover, because one of the revisionist is a Government servant, I do not think that he deserves leniency from this Court on sentimental ground. The Courts below have rights exercised their discretion and so, I do not think that the leniency granted by the appellate Court warrants any further leniency from this Court. In the result this revision is dismissed.