Patna Court December 2000 Judgments

Uttam Singh Vs. State of Bihar and anr.

Court: Patna

Prabhat Kumar Sinha, J.1. Earned Counsel for the petitioner has argued only on the sentence of the petitioner.2. In this case First Information Report was lodged on 17.5.1992 and as submitted the accused was arrested on 7.6.1992. The learned trial Court delivered the judgment on 27.6.1996 and the learned appellate Court decided Cr. Appeal No. 161 of 1996 on 23.3.1998. The learned trial Court had convicted the accused and sentenced him under Section 363(A)(1) of the Indian Penal Code sentencing him to three years of the simple imprisonment whereas the learned appellate Court changed the conviction to be under Section 363 of the Indian Penal Code and ordered sentence for one year.3. Earned Counsel has argued that this petitioner has been facing the case for more than 8 years and he is now about 80 years old.4. From the judgment of the learned lower Court, it will appear that age of the petitioner was assessed to be 75 years as in June 1996. As per that the petitioner is nearing the age ...