Deonarayan Sah @ Diwali Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No. 354 of 2018 Arising Out of Complaint Case No.-639 CYear-1994 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Deonarayan Sah @ Diwali Sah Son of Chhatri Sah, Resident of Village Singhaul, P.S.- Mufassil, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kameleshwari Pandit, Son of Ramkishun Pandit, Resident of Adarshnagar, Lagauli Deona, P.S.- Barauni, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Singh, Advocate For the Opposite Party No. 2 :

None For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. Despite valid service of notice on opposite party no. 2-complainant, nobody appeared when the matter was taken up and heard.

3. The petitioner has moved the Court against the order dated 19.06.2014 passed by the 3rd Additional Sessions Judge, Begusarai in Criminal Appeal No. 86 of 2004/0000507 of 2013, by which the judgment and order of conviction and sentence dated 22.11.2004 passed by the Judicial Magistrate, 1st Class, Begusarai

Patna High Court CR. REV. No.354 of 2018 dt.15-11-2019 2/2 in Trial No. 2 of 2004 arising out of Complaint Case No. 639C of 1994, has been modified. The petitioner along with three others was charged under Sections 147, 323 and 379 of the Indian Penal Code and upon trial was convicted under Sections 323 and 379 of the Indian Penal Code and, accordingly, sentenced to six months simple imprisonment under Section 147 of the Indian Penal Code and one year rigorous imprisonment under Section 379 of the Indian Penal Code. In appeal, the conviction was maintained but the sentence was modified to the extent that imprisonment under Section 147 was reduced to three months rigorous imprisonment and under Section 379 of the Indian Penal Code to six months rigorous imprisonment.

4. Learned counsel for the petitioner submitted that due to efflux of time, he has already undergone nine months imprisonment and has also been released. Thus, he submitted that the matter be disposed off.

5. In view thereof, the application stands disposed off. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T