Karpuri @ Kapuri Yadav & Ors. Vs. State of Bihar [2009] INSC 961 (6 May 2009)

Judgment

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1231 OF 2002 Karpuri @ Kapuri Yadav & 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 Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years.

On appeal being preferred, the High Court confirmed their conviction and sentence.

Hence, this appeal by special leave.

Learned counsel appearing on behalf of the appellants pressed this appeal on the question of sentence only and made a prayer that as the appellants have remained in custody for about eight months, sentence for imprisonment awarded to them may be reduced to the period already undergone. In the facts and circumstances of the case, we are of the view that the ends of justice would be met in case the sentence of imprisonment awarded against these persons is reduced to the period already undergone.

The appeal is, accordingly, allowed in part. While upholding the conviction of the appellants, sentence of imprisonment awarded to them is reduced to the period already undergone. The appellants, who are on bail, are discharged from the liability of bail bonds.

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

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

New Delhi,

May 06, 2009.

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