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2001 Supreme(SC) 31

2001(5) Supreme 671
SUPREME COURT OF INDIA
R.C. Lahoti and Brijesh Kumar, JJ.
Mahendra Singh & Ors. -Appellants
versus
State of Bihar -Respondent
Criminal Appeal No. 33 of 2001
(Arising out of SLP (Crl.) No. 2695 of 2000
Decided on 8-1-2001

Headnote:Indian Penal Code, 1860-Section 307/34-Five appellants convicted for offence by trial Court and each sentenced to five years imprisonment-High Court altered conviction to one under Section 324 against appellant No. 4 and under Section 323 against rest and sentenced them one year and six months imprisonment respectively-Appeal-Conviction based on well founded evidence called for no interference-In view of peculiar facts, sentence reduced to period already undergone. (Para 4)

       

ORDER

Leave granted.

The trial Court convicted the appellants for offences under Sections 307/34/379, IPC and sentenced them to undergo RI for five years. On appeal, the High Court, vide judgment dated 19th November, 1999 altered the conviction of appellant No. 4 to one under Section 324, IPC and sentenced him to undergo one year RI and insofar as appellant Nos. 1, 2, 3 and 5 are concerned, their conviction was altered to one under Section 323, IPC and they were sentenced to undergo six months RI.

2. The appellants have put in issue their conviction and sentence through this appeal by special leave.

3. We have heard learned counsel for the parties and examined the record.

4. In our opinion the conviction as recorded by the High Court is well-founded and is borne out from the evidence of the prosecution evidence. There is no infirmity insofar as the conviction of the appellants is concerned. We, accordingly, uphold their conviction but insofar as sentence is concerned, keeping in view the peculiar facts and circumstances of the case, in our opinion, it would meet the ends of justice if the sentence imposed upon the appellants is reduced to the period already undergone by them for the offences for which they stand convicted. We make an order accordingly.

5. The appellants were released on bail by an order of this Court dated 10th November, 2000. Their bail bonds shall, therefore, stand discharged.

6. With the modification of sentence, this appeal is disposed of.

Appeal disposed of with modification in sentence.

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