Patna High CourtCR. REV./721/2011dismissed

Sheojee Yadav And ORS. v. The State Of Bihar

2018-01-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.721 of 2011 ======================================================

1. Sheojee Yadav @ Sheojee Singh Yadav, s/o Late Ramchiji Yadav VillChhotaki Basauli,Ps.-Bux(Ind.),Dist.-Buxer 2.

Laxman Yadav,s/o Sobha Yadav Vill-Chhotaki Basauli,Ps.- Bux(Ind.),Dist.-Buxer

3. Bachan Yadav, s/o Deo Nandan Yadav Vill-Chhotaki Basauli,Ps.- Bux(Ind.),Dist.-Buxer

4. Brida Yadav @ Brida Narayan Yadav, s/o Late Ramjee Yadav VillChhotaki Basauli,Ps.-Bux(Ind.),Dist.-Buxer

5. Hridaya Narayan Yadav, s/o Late Ramjee Yadav Vill-Chhotaki Basauli,Ps.-Bux(Ind.),Dist.-Buxer .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad For the Respondent/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2018 Heard Mr. Jagdish Prasad, the learned Advocate for the petitioners.

The petitioners were convicted by judgment and order dated 03.06.2008 under Sections 147, 323 and 325 of the Indian Penal Code and were sentenced to undergo simple imprisonment for one year for the offence under Section 147 of the Indian Penal Code; six months' simple imprisonment for the offence under Section 323 of the Indian Penal Code and simple imprisonment for two years for the offence under Section 325 of the Indian Penal Code as well as a fine of Rs. 500/- each and in default of payment of the same, to further suffer simple

Patna High Court CR. REV. No.721 of 2011 (3) dt.16-01-2018 2/2 imprisonment for 15 days, by the S.D.J.M., Buxar in T.R. No. 773 of 2008.

Against the aforesaid judgment and order of conviction, the petitioners preferred Cr. Appeal No. 23 of 2008, which was heard by the learned Additional Sessions Judge-cumFast Track Court II, Buxar and by judgment dated 17.03.2011, the judgment of conviction was affirmed and upheld but the sentences imposed upon the petitioners were modified to the payment of monetary fine only.

No good ground has been raised by the petitioners for interfering with the aforesaid order passed in Cr. Appeal. The fine imposed by the appellate court was, directed to be deposited by this Court, to be distributed in terms of final adjudication. From the perusal of the impugned judgments, this Court finds no occasion to interfere with the judgment of conviction passed by both the courts and the modified sentence by the appellate court.

Considering the aforesaid facts, the present revision petition is dismissed, as being without merits. (Ashutosh Kumar, J.) Rakhi U T