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Patna High Court

HARI SAHAY SINGHversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court permitted the withdrawal of the revision petition and dismissed it as withdrawn.

Summary

The petitioners Hari Sahay Singh, Deepak Kumar Singh and Dilip Kumar Singh were convicted under Sections 323, 325 and 427 of the Indian Penal Code and sentenced to pay compensation to the informant. The Sessions Court upheld the conviction and the appellate court later reduced the compensation amount by half, ordering Rs.6,500 each for Hari and Dilip and Rs.7,000 for Deepak. The petitioners filed a criminal revision seeking to challenge the appellate order. During the hearing, the petitioners expressed their willingness to comply with the reduced compensation and requested permission to withdraw the revision petition. The High Court granted permission to withdraw and dismissed the petition as withdrawn.

Issues considered

  • Whether the revision petition challenging the reduction of compensation can be withdrawn with the court's permission

Legislation cited

Subjects

  • criminal law
  • revision
  • compensation
  • withdrawal of petition
  • IPC
  • Probation of Offenders Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        CRIMINAL REVISION No.290 of 2020
                      Arising Out of PS. Case No.-141 Year-2009 Thana- SHEOHAR District- Sheohar
                 ======================================================
           1.     Hari Sahay Singh Son of Late Ramchandra Singh Resident of Village -
                  Fatahpur, P.S.- Sheohar, District- Sheohar
           2.    Deepak Kumar Singh @ Deepak Singh @ Deepak Kumar Son of Late Hari
                 Sahay Singh Resident of Village - Fatahpur, P.S.- Sheohar, District- Sheohar
           3.    Dilip Kumar Singh @ Dilip Kumar Son of Late Hari Sahay Singh Resident
                 of Village - Fatahpur, P.S.- Sheohar, District- Sheohar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Devendra Kumar, Advocate
                 For the State             :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

9   03-02-2026                   The present revision petition has been preferred by the

                   petitioners against the judgment and order dated 14.01.2020

                   passed by learned District and Sessions Judge, Sheohar in

                   Criminal Appeal No. 35 of 2018, whereby learned Sessions

                   Court has upheld the judgment of conviction passed by learned

                   S.D.J.M., Sheohar in G.R. Case No. 451 of 2009 (Trial No. 112

                   of 2018). However, by the order dated 14.01.2020, learned

                   Appellate Court has modified the order of sentence by reducing

                   the amount of compensation to the half.

                                 2. As such, learned Appellate Court has upheld the

                   conviction of the petitioners under Sections 323, 325 and 427 of
           Patna High Court CR. REV. No.290 of 2020(9) dt.03-02-2026
                                                        2/2




                     the Indian Penal Code and benefit of Probation of Offender Act

                     to the petitioners. However, the compensation amount payable

                     by the petitioners to the victim has been reduced to the half by

                     directing the petitioners, namely, Hari Sahay Singh and Dilip

                     Kumar Singh to pay compensation of Rs.6500/- each to the

                     informant and directing Deepak Kumar Singh @ Deepak Kumar

                     to pay Rs.7,000/- to the informant.

                                  3. After some argument, learned counsel for the

                     petitioners is seeking permission to withdraw the present

                     petition and ready to pay compensation amount as directed by

                     learned Appellate Court below.

                                  4. Permission is accorded.

                                  5. Accordingly, the present petition is dismissed as

                     withdrawn.



                                                                (Jitendra Kumar, J.)
ravishankar/-

U      T


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