Mishri Sah vs The State of Bihar

S.N. Pathak, J.—This revision is directed against the judgment dated 1st June 2000 passed by the 4th Additional Sessions Judge, Motihari in Cr. Appeal No. 121 of 1986, confirming the judgment of the trial court dated 21.6.86 passed by the trial court in G.R. No. 1309 of 1977, Tr. No. 437 of 1986. The revisionist was convicted for the offence u/s 324 I.P.C. and was sentenced to undergo R.I. for one year and six months by the trial court. The appellate court, however, reduced the period of sentence to six months.

This revision was admitted only on the point of sentence. It has been submitted by the revisionist''s lawyer that now 25 years have passed since the date of trial and the revisionist has advanced his age and, perhaps, the trial court has assessed on his age as 50 years in 1986. It has further been submitted that the revisionist has incarcerated for more than a month.

In view of the circumstances, especially the age of the revisionist, I think a sentence of fine shall meet the ends of justice. So this revision is dismissed and the conviction is confirmed. However, the sentence is modified and converted into a fine of Rs. 2000/- and, in default, the revisionist shall suffer imprisonment for one month S.I. The revisionist shall surrender in the court below and pay the fine as directed by this Court within one month from the date of receipt/production of copy of this order.