RAM SUNDER MAHTO AND ORS. versus STATE OF BIHAR

RAM SUNDER MAHTO AND ORS. versus STATE OF BIHAR

Because 28 years had elapsed since the offence, the loot was relatively small, and the appellants, though present during the dacoity, were not shown to have caused injuries, the Court reduced the sentence of the appellants from five years to three years.

Parties
Appellant: Ram Sunder Mahto; Appellant: Ram Lagan Mahto; Appellant: Bindeshwar Mahto; Appellant: Ram Ekbal Mahto; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
07 October 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal to the Supreme Court (final Disposal)
Outcome
Appeal dismissed with modification; sentence reduced from five years to three years.
Legal Topics
Dacoity, Leniency in Sentencing, Identification Parade, Appeal
Penal Code, 1860 Criminal Law Sentencing Dacoity Leniency in Sentencing Identification Parade Appeal

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Parties

Ram Sunder Mahto

Appellant

Ram Lagan Mahto

Appellant

Bindeshwar Mahto

Appellant

Ram Ekbal Mahto

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal to the Supreme Court (final Disposal)

Legal Issues

  1. 1 Whether the appellants deserve lenient treatment in sentencing given their advanced age and long lapse of time since the offence
  2. 2 Whether the relatively small value of the loot and the appellants' conduct (presence during dacoity but not causing injuries) justify reduction of sentence

Ratio Decidendi

Because 28 years had elapsed since the offence, the loot was relatively small, and the appellants, though present during the dacoity, were not shown to have caused injuries, the Court reduced the sentence of the appellants from five years to three years.

Court Disposition

Appeal dismissed with modification; sentence reduced from five years to three years.

Orders

  • Sentence of each appellant reduced to rigorous imprisonment for three years.
  • Bail bonds of the accused appellants cancelled.