Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1157 of 2009 ====================================================== 1. Kishundeo Mandal S/o late Chhedi Mandal 2. Ram Sunder Mandal S/o late Chhedi Mandal 3. Bhagwat Mandal S/o late Chhedi Mandal 4. Arun Mandal S/o Kishundeo Mandal 5. Binod Mandal S/o Ram Sunder Mandal 6. Ashok Mandal S/o Ram Sunder Mandal 7. Nageshwar Mandal S/o late Sukhdeo Mandal, all are R/o village- Gambhirpur, P.S.- Tribeniganj, District- Supaul .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate Mr. Prafull Chandra Thakur, Advocate For the State of Bihar : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 08-11-2012 After having heard the matter for some time, it appears that the present revision application has become practically infructuous. The petitioners were convicted by the judgment and order dated 31.1.2007 passed in G.R. No. 1016 of 1998/Tr. No. 93 of 2007 by the learned Judicial Magistrate, 1st Class, Supaul for the charges under [STATUTE] . and, accordingly, order of sentences was passed against them. Maximum sentence imposed against the petitioners was of three years. The petitioners, being aggrieved by the aforesaid judgment of conviction and order of sentence, preferred Patna High Court CR. REV. No.1157 of 2009 (3) dt.08-11-2012 2/3 Criminal Appeal No. 5 of 2007 (S), which has finally been disposed of by the impugned judgment and order dated 29th April, 2009 passed by the learned Additional Sessions Judge, 2nd, Supaul. The petitioners have been acquitted of the charge under [STATUTE] ., but their conviction under [STATUTE] has been affirmed. However, the order of sentence has been modified and they have been given benefits of Probation of Offenders Act, 1958 and the petitioners were directed to be released on execution of probation bond of Rs. 2000/- each for a period of one year under section 4 of the Probation of Offenders Act. Admittedly, the petitioners executed the probation bonds after the impugned judgment and order dated 29th April, 2009 passed by the learned lower appellate court. The period of one year has already elapsed. In that view of the matter, the petitioners have already served out the substantive sentence and are no longer required to go to prison. In that view of the matter, this Court is not inclined to exercise its revisional jurisdiction for interfering with the impugned judgments and orders passed by the learned courts below. The application is, accordingly, dismissed. Patna High Court CR. REV. No.1157 of 2009 (3) dt.08-11-2012 3/3 Let this order be communicated to the learned trial court below without any unnecessary delay. RPS/- (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.