Vijay Yadav vs State of Bihar

A.K. Sinha, J.—This revision application has been directed against the judgment dated 26th February, 1999, passed by Sessions Judge, Gaya in Criminal Appeal No. 17 of 1999 whereby she dismissed the appeal preferred by the Petitioner. The Petitioner was convicted by the Judl. Magistrate, 1st class, Sherghati at Gaya u/s 42 of the Indian Forest Act and was sentenced to undergo rigorous imprisonment for a period of two years.

The learned Counsel for the Petitioner confined his submission on the point of sentence only. It was submitted that for the same and similar offence the Petitioner and one Budhan Bhuian were tried and held guilty u/s 42 of the Indian Forest Act but Budhan Bhuian was sentenced to undergo rigorous imprisonment for a period of six months, whereas, the Petitioner has been awarded rigorous imprisonment for two years. It was further submited that the Petitioner has remained in jail for more than a period of ten months and in the facts and circumstances of the case he has been sufficiently punished. As such, it was prayed that the sentence awarded to the Petitioner may be reduced to the extent of the period undergone by him in custody.

Having regard to the facts and circumstances of the case and considering the submission of the learned Counsel, the sentence awarded to the Petitioner is modified and reduced to the period already, undergone by him.

In the result, therefore, this revision application is dismissed with modification in the sentence as indicated above. The Petitioner is discharged from the liability of his bail bonds.