Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No. 909 of 2002 =========================================================== 1.Bhola Prasad Singh Son of Shri Darbari Prasad Singh, resident of Village- Belakothi, P.S. Khajauli, District- Madhubani. 2. Ram Bilas Mahto Son of Shri Sukhdeo Mahto resident of Village- Belakothi, P.S. Khajauli, District- Madhubani. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mrs. Indu Bala Pandey, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 02-03-2012 Ahsanuddin Amanullah, J. Nobody appears on behalf of the petitioners when the case is called out. Mrs. Indu Bala Pandey, learned A.P.P. for the State is present. Even yesterday when the case was taken up, nobody had appeared on behalf of the petitioners though learned A.P.P. for the State was present. The case was earlier admitted for hearing and the lower Court records called for. The same have since been received and are on record. Learned A.P.P. for the State has assisted this Court in the matter in the absence of learned counsel for the petitioners. This revision application is directed against the Appellate Judgment and order passed in Cr. Appeal No. 91/97 Patna High Court CR. REV. No.909 of 2002 dt.02-03-2012 2 / 3 2 by the IInd Additional Sessions Judge, Madhubani on 17.08.2002 by which the Judgment and order of Conviction and Sentence passed in G.R. No. 620 of 1992, Tr. No. 69 of 1997 by the Judicial Magistrate, 1st Class, Madhubani dated 28.11.1997 has been upheld. The petitioners were accused in Khajauli P.S. Case No. 59/1992 registered under [STATUTE] . Upon trial the petitioners were convicted under the said Sections and sentenced to undergo rigorous imprisonment for two years under [STATUTE] . The appellate Court has upheld the conviction as well as the sentence by the Judgment dated 17.08.2002 which is impugned herein. Learned A.P.P. has assisted this Court on the basis of materials available in the lower Court records including the statement of witnesses. This Court has also gone through the trial Court Judgment as well as the Appellate Court Judgment. Upon due consideration, this Court finds no infirmity in the Judgment of the trial Court which has been upheld by the Appellate Court. However, considering the fact that the incident is more than 20 years old and the petitioners have also been in custody for some period and only allegation is that they set fire in a bundle of hay, this Court deems it appropriate to modify the sentence to the period which has already been undergone in custody by them. Patna High Court CR. REV. No.909 of 2002 dt.02-03-2012 3 / 3 3 Accordingly, this revision application is disposed off without interfering with the order of conviction. Only the sentence is modified to the period already undergone by them in custody. The petitioners who are on bail are discharged from the liability of their bail bonds and sureties. The bailors are also discharged from their bonds. Patna High Court Dated, 2nd March, 2012 Anand Kr./N.A.F.R. (Ahsanuddin Amanullah, J)

Applicable IPC Section: 435

Statute Text:
Section 435 of the Indian Penal Code. Mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards, or, in case of agricultural produce, 10 rupees or upwards. Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards or (where the property is agricultural produce) ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.