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Patna High CourtCR. REV./314/2005dismissed

Sikandar Prasad @ Sikandar Sah v. State Of Bihar And ANR

2015-08-31Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.314 of 2005 Arising Out of PS.Case No. 144 Year- 1997 Thana -null District- MUZAFFARPUR =========================================================== Sikandar Prasad @ Sikandar Sah son of late Sukhdeo Sah, resident of village Dharphari, P.S. Paroo, District Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri Uma Shankar Sah son of late Sukhdeo Sah, resident of village Dharphari, P.S. Paroo, District Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Upendra Kr. Choubey, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-08-2015 The Petitioner seeks revision of the judgment of conviction dated 9.1.2002 passed by the Judicial Magistrate, 1st class, Muzaffarpur in Complaint case No.144 of 1997 (Trial No.491 of 2001/405 of 2002), by which he has sentenced him to R.I. for six months under Section 342, R.I. for six months under Section 448 I.P.C. and R.I. for one year under Section 385 I.P.C., which was affirmed by judgment dated 27.1.2005 passed by the 8th Additional Sessions Judge, Muzaffarpur in Criminal Appeal No.6 of 2002. Having considered the impugned judgment, I do not find any irregularity in the same. However, considering the period of custody of the Petitioner as also the date of occurrence, the sentence is

Patna High Court CR. REV. No.314 of 2005 dt.31-08-2015 2/2 modified to the period already undergone by him. With the aforesaid modification in sentence, the revision application stands dismissed.

(Anjana Prakash, J) Narendra/- U T