IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.318 OF 2002

Narsingh Mahto & Ors.                      ...Appellant(s)

Versus

State of Bihar                     ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

The appellants were convicted by the Trial Court under Sections 366 and  452  of  the  Indian  Penal  Code,  1860,  and  sentenced  to  undergo  rigorous  

imprisonment  for  a  period  of  seven  years  on  each  count.   Both  the  sentences,  however, were ordered to run concurrently.  On appeal being preferred, the High  

Court confirmed the convictions.  Hence, this appeal by special leave. Learned counsel appearing on behalf of the appellants submitted that the  

appellants have remained in custody for a period of more than three years and, as  the occurrence had taken place in the year 1987, the sentence of imprisonment may  

be  reduced  to  the  period  already  undergone  by  them.   In  the  facts  and  circumstances of the present case, the prayer is reasonable and must be granted.

....2/-

- 2 -  Accordingly,  the  appeal  is  allowed  in-part  and,  while  upholding  the  

convictions of the appellants, the sentence of imprisonment awarded against them is  reduced to the period already undergone by them.

The appellants, who are on bail, are discharged from the liability of bail  bonds.

......................J.             [B.N. AGRAWAL]

......................J.             [G.S. SINGHVI]

......................J.             [H.L. DATTU]

New Delhi, July 22, 2009.