IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1906 of 2009 1. KAMESHWAR YADAV son of Manrup Yadav 2.Bhola Yadav son of Kameshwar Yadav, 3.Ram Autar Mistri, son of late Dular Mistri, all are residents of Village Jasat, P.S. Ppakari Brawan, Dist. Nawada….Petitioners. Versus STATE OF BIHAR & ANR ----------- 2 11.12.2009 Pointing out infirmities in reaching the conviction the learned senior counsel prefers to press the sentence only. On that point his submission is that parties were on litigating term and in that course only alleged incident took place in which though petitioners have been alleged for firing but only simple injury was found when doctor examined them and petitioners including two others facing prosecution for a period near about 25 years. Two of the accused persons now dead also. Petitioner no.1 grown up to the age of 85 years so their facing prosecution for such a long period is not less than serving sentence. If that is taken into consideration then the period undergone by them is much relevant. Petitioner nos.1 and 2 remained in custody for period of near about three months in course of trial while petitioner no. 3 remained in custody near about nine months and all the three surrendered before filing this revision on 4.11.2009 so they remained in custody for a period of more than four months which may be observed sufficient towards sentence. I also agree with the submission of the learned counsel. Accordingly revision is partly allowed on the point of sentence which is modified and minimize to the period already undergone. Conviction is affirmed. Petitioners should be released forthwith if not wanted in any other case. Let the order be communicated to the 2nd Assistant Sessions - 2 - Judge, Nawada, inCr. Appeal No. 38A96, S.Tr. No. 64/85 through fax at the cost of the petitioner. . (Mandhata Singh, J) M.Rahman