Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1761 of 2009 ====================================================== Smt. Bholiya Devi wife of Sri Birbal Mahto, resident of Village- Bhagwanpur (Kamla) P.S. Uziyarpur, District .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ganesh Sahani son of Late Raghunandan Sahani 3. Bhula Sahni 4. Dholu Sahani, both sons of Ganesh Sahani 5. Ganaur Sahani son of late Raghunandan Sahani 6. Sanjeet Sahani son of Ganaur Sahani All resident of village- Bhagwanpur (Kamla) P.S. Uziyarpur, District Samastipur. .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dronacharya, Adv. For the State : Mr. Shailendra Kr. Singh, APP For O.P. No. 2 to 6 : Mr. Amitabh Bhardwaj, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 18-12-2012 By the judgment and order dated 01.02.2008 passed by the learned Judicial Magistrate, 1st Class, Dalsingsarai, the accused opposite party no. 2 to 6 were convicted for charges under [STATUTE] and were sentenced to undergo simple imprisonment of four months and three months respectively. Learned lower appellate court by the impugned judgment and order dated 11.09.2009 passed in Cr. Appeal No. 10/2009/49/2009 has affirmed the judgment of conviction, but has modified the order of sentence. Instead of sentencing the accused opposite parties to prison, they have been released on due admonition in terms of Section 3 of the Probation of Offenders Act. After having heard the parties, this Court does not find any legal infirmity or procedural irregularity warranting any interference by this Court in exercise of its revisional jurisdiction Patna High Court CR. REV. No.1761 of 2009 (3) dt.18-12-2012 2/2 in the impugned judgment and order passed by the learned Additional Sessions Judge, F.T.C. IV, Samastipur in the aforesaid Cr. Appeal No. 10/2009/ 49/2009. Consequently, the application fails and is, accordingly, dismissed. Let this order be communicated to the learned court below. BTiwary/- (Birendra Prasad Verma, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.