Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No. 610 of 2002 =========================================================== Bijendra Mahto Son of Late Deonarain Mahto Resident of Village- Bala Bigha, Police Station- Haspura, District- Aurangabad. .... .... Petitioner/s Versus 1. The State of Bihar 2. Brahamdeo Mahto, S/O Deo Narayan Mahto, Village- Bala Bigha, P.S. Haspura, District- Aurangabad. .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate. Ms. Meena Singh, Advocate. For the Opposite Party/s : =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 16-07-2012 Ahsanuddin Amanullah, J. Heard Mr. Krishna Prasad Singh, learned senior counsel assisted by Mrs. Meena Singh, learned counsel for the petitioner. Nobody appears on behalf of the State to assist the Court. Earlier the case was admitted for hearing and lower Court records called for. Even the informant was made a party and notices were issued to him. The lower Court records have been received and notices upon the informant (opposite party no. 2) has also been duly served. The present revision application is directed against the appellate judgment and order dated 18.06.2002 in Cr. Appeal No. 147 of 1993/172 of 1997 passed by the 1st Additional Sessions Judge, Aurangabad by which the Judgment and Order dated 21.06.1993 passed by the Judicial Magistrate, 1st Class, 2 Aurangabad, in G.R. No. 1700/89, Tr. No. 219 of 1992 has been upheld with modification in the sentence. The petitioner along with another was accused in Haspura P.S. Case No. 108 of 1989 dated 14.10.1989 registered for offence under [STATUTE] . Upon trial both the persons were convicted. The petitioner was convicted under [STATUTE] . He was sentenced to undergo two years simple imprisonment under [STATUTE] , one year simple imprisonment under [STATUTE] and one month simple imprisonment under [STATUTE] . The appeal was filed by the petitioner which was dismissed without interfering in the order of conviction but the sentence was modified to six months simple imprisonment under [STATUTE] , two months simple imprisonment under [STATUTE] and 15 days simple imprisonment under [STATUTE] . On the basis of assistance rendered by learned counsel for the petitioner, this Court has gone through the lower Court records as well as the trial Court and the Appellate Court Judgments. This Court does not find any merit to interfere in the order of conviction. However, since the matter is of petty nature and of the year 1989 and the petitioner has also undergone some imprisonment, it would serve the ends of justice 3 by modifying the sentence to the period already undergone in custody by the petitioner. Accordingly, this revision application stands disposed off without interfering in the order of conviction but modifying the sentence to the period already undergone in custody by the petitioner. The petitioner shall be discharged from the liabilities of his bonds and his sureties. Patna High Court. Dated 16th July, 2012. Anand Kr./NAFR (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 325

Statute Text:
Section 325 of the Indian Penal Code. Voluntarily causing grievous hurt. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.