15 December 2009
Supreme Court
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PARAS NATH SINGH Vs STATE OF BIHAR

Case number: Crl.A. No.-002408-002408 / 2009
Diary number: 8116 / 2009
Advocates: GAURAV KEJRIWAL Vs GOPAL SINGH


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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION  

CRIMINAL APPEAL NO. 2408   OF  2009

  (Arising out of SLP(Crl.) No.8393/2009)

PARAS NATH SINGH AND ORS.             Appellant(s)

                    :VERSUS:

STATE OF BIHAR Respondent(s)

O R D E R

Delay condoned. Leave granted.

We have heard learned counsel appearing on behalf  

of the appellants and learned counsel appearing for the  

State.  

The appellants have been convicted by the Trial  

Court and the judgment of the Trial Court has been upheld  

by the High Court.  

Accused  Rajendra  Singh,  Paras  Nath  Singh  

(Appellant No.1 herein) and Ranjan Singh (Appellant No.5  

herein) were convicted and sentenced to undergo rigorous  

imprisonment  for  two  years  under  Sections  324  of  the  

Indian Penal Code. They were further sentenced to undergo  

rigorous imprisonment for two years under Section 148 of  

the I.P.C.  It is stated that Rajendra Singh has died.

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Accused  Ajay  Singh,  Vinay  Singh  and  Ram  Naresh  

Singh, Appellant Nos.2, 3 & 4 herein, were convicted and  

sentenced to undergo rigorous imprisonment for one year  

for the offence under Section 323 of I.P.C. and they were  

further directed to undergo rigorous imprisonment for one  

year under Section 147 of the I.P.C.

Learned counsel for the appellants submitted that  

the parties are very close relations. During the pendency  

of  the  matter,  the  parties  have  also  arrived  at  an  

amicable  settlement.  The  parties  have  filed  an  

application for compounding of the offences under Section  

324 of the I.P.C.  

It  is  not  disputed  that  the  appellants  have  

undergone imprisonment for more than 4½  months.  Looking  

to the peculiar facts and circumstances of this case, in  

our considered view, ends of justice would meet if, while  

upholding the conviction of the appellants their sentence  

is reduced to the period already undergone by them. We  

direct accordingly.

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The  appellants  are  directed  to  be  released  

forthwith, if not required in connection with any other  

case.  The appeal is disposed of accordingly.

In  view  of  the  aforesaid  order,  no  orders  are  

necessary on the application for impleadment which stands  

disposed of.  

   .....................J     (DALVEER BHANDARI)

   .....................J     (A.K. PATNAIK)

New Delhi;

December 15, 2009.