Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1159 of 2008 ====================================================== 1. Narbdeshwar Dubey, son of late Mathura Dubey 2. Dinesh Kumar Dubey, son of late Nand Gopal Dubey 3. Ram Chandra Dubey, son of late Kamta Dubey 4. Ramyash Dubey @ Ramjash Dubey, son of late Bindhyachal Dubey 5. Manoj Dubey, son of Ramyashs Dubey, 6. Daya Shankar Dubey, son of Ram Chandra Dubey 7. Brindavan Bihari Lal Dubey, son of late Baldan Dubey 8. Dhirendra Kumar Dubey, son of Ram Chandra Dubey 9. Nayantara Devi @ Tara Devi, wife of late Baldan Dubey All residents of village Chausa, Police Station Buxar(M), District Buxar .... .... Petitioner/s Versus 1. The State of Bihar 2. Umesh Kumar Dubey, son of Radha Krishna Dubey, resident of village Chausa, P.S. Buxar (M), District Buxar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : None For the State of Bihar : Mr. Dashrath Mehta, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 29-06-2012 The petitioners were convicted for offences under Sections 147,448 and 427 of the Indian penal Code by judgment and order dated 5.12.2006 passed in Complaint Case No. 500( C ) of 2002/ Tr. No. 440 of 2006, by the learned Judicial Magistrate, 1st Class, Buxar, and, accordingly, were sentenced to undergo simple imprisonment for one year under Section 147 of the Indian Patna High Court CR. REV. No.1159 of 2008 (3) dt.29-06-2012 2 / 2 2 Penal Code, simple imprisonment for six months under [STATUTE] and simple imprisonment for six months under Section 448 of the Indian penal Code. However, all the sentences were directed to run concurrently. On appeal preferred by the petitioners, the judgment of conviction passed against them has been affirmed by the impugned appellate order dated 30.6.2008 passed in Cr. Appeal No. 60 of 2006 by learned Sessions Judge, Buxar, but he has modified the sentence and has released all the petitioners on due admonition in exercise of his powers under Section 3 of The Probation of Offenders Act, 1958. Apparently, in view of modification in the sentence, the petitioners are no longer required to serve out the sentence in prison. On perusal of the materials available on record, no case for interference is made out. Consequently, the application fails and is, accordingly, dismissed. Kanth/- (Birendra Prasad Verma, J)

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.