Md. Najim and Others vs The State of Bihar

Gopal Prasad, J.—Heard learned Counsel for the Appellants and learned Counsel for the State.

The Appellants Sagir and Md. Mohiuddin have been convicted for offence u/s 436 of Indian Penal Code with regard to setting on fire of huts and sentenced to undergo rigorous imprisonment for five years and other Appellants have been convicted for offence under Sections 436 and 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years. All the accused persons have further convicted u/s 147 of Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. Accused Pharla and Alam further convicted u/s 323 of Indian Penal Code and sentenced to undergo rigorous imprisonment for three months. It has further ordered that all the sentenced shall run concurrently.

The prosecution case as alleged that dispute arises for constructing the hut on the land of the informant and on protest there was altercation between the parties and setting fire on the house. However, there is land dispute between the parties.

Learned Counsel for the Appellants however, contends that occurrence is of the year 1984 and conviction recorded even without examination of I.O. and since then Appellants are facing of trial and appeal and after conviction they have also remained in jail for about one month till release on bail by the order of the Hon''ble High Court and hence a lenient view may be taken.

Hence taking into consideration the facts and circumstances, the interest of justice shall meet by sentencing the Appellants for the period already undergone.

With this modification of sentence, the appeal is dismissed.