Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.470 of 2010 1. Harendra Rai 2. Birendra Rai Both resident of village- Dewapur Akil Tola, P.S. Manjhagarh, District- Gopalganj. ……. Accused- Appellants- Peititioners. Versus 1. State Of Bihar 2. Dinesh Rai Sharma S/O Shankar Rai, resiedent of village- Dewapur Akil Tola, P.S. Manjhagarh, District- Gopalganj. ….. Informant- Respondent-Opposite Parties. ---------------------------------- 3 05.1.2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. The present Revision application is directed against the judgment and order dated 16.10.2001 passed by the Judicial Magistrate Ist Class, Gopalganj in G. R. Case No. 1955/1988 Tr. No. 205/2001 by which the petitioners were convicted and the petitioner no.1 was sentenced to three years rigorous imprisonment under [STATUTE] . whereas the petitioner no.2 was sentenced to six months of rigorous imprisonment under [STATUTE] . The Appeal filed by the petitioners being Cr. Appeal No. 73/2001 and 57/2009, by order dated 23.01.2010 of the Additional District & Sessions Judge, FTC-III, Gopalganj was dismissed resulting in filing of the present Revision application. By order dated 2.4.2010 the lower Court records were called for and the same has since been received. Learned counsel for the petitioners submits at the very outset that during the pendency of the present application the petitioner no.2 has already came out from jail on serving the entire sentence period of six months and only the petitioner no.2 is behind bars. The 2 learned counsel for the petitioners submits that the informant and the petitioners are agnates and the allegation is that there was some altercation with regard to the destroying of the field by the hens belonging to the petitioner no.1. It is alleged that the petitioners gave farsa blow on the head of the informant. Without going into details and the merits of the case, upon hearing learned counsel for the petitioners and the learned A.P.P, this Court is of the opinion that the purpose of justice would be served if the sentence is modified to the period already under gone in custody. The petitioner no.1 is in custody since 22.3.2010. Considering the facts and circumstances of the case, the orders impugned are modified to the extent that the period of sentence shall be the period already undergone in custody by the petitioner no.1. He shall be released from jail if not wanted in any other case. This application stand disposed off in the aforementioned terms. 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.