Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1451 of 2011 1. Dev Nath Prasad @ Dev Nath Mahto. 2. Surendra Prasad @ Surendra Mahto S/O Bhola Prasad. 3. Lal Babu Mahto @ Lal Babu Pd. S/O Late Dudh Nath Mahto. 4. Satyadeo Mahto @ Satyadeo Prasad, s/o Ambika Prasad. 5. Chandrama Mahto @ Chandrama Prasad. 6. Sri Nath Mahto @ Sri Nath Prsad, s/o Ramashray Prasad. 7.Sri Kant Mahto @ Sri Kant Prasad, S/o Ambika Pd. All resident of village- Ekdengawa, P.O.Mubarakpur, p.s.-Manjhi, District- Saran. ……Accused/Appellants/ Petitioners. Versus The State Of Bihar ……… Opposite party. ---------------------------------- 3 02.1.2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. This revision application is directed against the judgment dated 27.8.2011 passed by the Addl. Sessions Judge, F.T.C. no. IV, Chapra in Criminal Appeal No. 77/1991 dismissing the appeal and confirming the Judgment and order dated 11.4.1991 passed by the Ist Class Judicial Magistrate, Chapra in G.R. No. 2364/79/ Trial No. 166/91 convicting the petitioners no. 1 to 6 under [STATUTE] . and sentencing them to one year and six months imprisonment and with regard to petitioner no. 7, conviction under [STATUTE] . and sentencing him to three years imprisonment. The lower Court record had been called for and the same has since been received. The occurrence had taken place on 4.11.1979 2 i.e., more than 32 years back. With the consent of the parties, this application is being disposed off at the stage of admission itself. Learned counsel for the petitioners submit that there is a case and counter case. The petitioners upon dismissal of their appeal surrendered on 21.11.2011 and since then they have been in custody. He further submits that the parties have compromised and compounded the case but in view of Section 326 being non-compoundable, the Courts below have not granted relief to the petitioners. Learned counsel for the petitioners further submits that in the counter case the allegations were similar and the sections under which the accused in the other case were charged were also similar and upon similar order of conviction being passed and upheld by the appellate Court, Cr. Revision No. 1439/2011 came to be filed before this Court and by order dated 19.12.2011, this Court had modified the sentence of three years to the accused ( petitioners in that case) to the period undergone by them in custody. A copy of the order has been produced by the learned counsel for the petitioner and is being kept on 3 record. In view of the aforesaid and considering the facts and circumstances of this case, the sentence of the petitioners is modified to the period already undergone by them in custody. Since the petitioners no. 1 to 6 have already been released on bail, let the petitioner no. 7 be also released if not wanted in any other case. With the aforementioned modification, this application stands disposed off. Let the order be communicated through Fax upon depositing the requisite fee on behalf of the petitioners. Sudha (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 326

Statute Text:
Section 326 of the Indian Penal Code. Voluntarily causing grievous hurt by dangerous weapons or means. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.