IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.151 of 2010 1. RAJENDRA RAI 2. ASHARFI RAI 3. RAMESH KUMAR RAI 4. MUKESH KUMAR RAI ---------------- PETITIONERS Versus STATE OF BIHAR ----------- 6 21.4.2010 This revision application has been filed against the judgment dated 7.12.2009 passed by Sessions Judge, Vaishali at Hajipur in Criminal Appeal No. 33/09 affirming the judgment of conviction and order of sentence dated 2.6.2009 passed by Judicial Magistrate, 1st Class, Hajipur in G.R.Case No. 4230/01, Tr.No. 2147/09, by which all the petitioners have been convicted under sections 323/34, 324/34 and 325/34 IPC and sentenced to undergo S.I. for six months under section 323/34 IPC, S.I. for one year under section 324/34 IPC and R.I. for three years under section 325/34 IPC along with fine of Rs. 500/- each and in default of payment of fine to undergo further S.I. for two months. Heard learned counsel for the parties. Maximum punishment to the petitioners is of three years for offence under section 325/34 IPC. They remained in custody from 7.1.2002 to 9.2.2002 and since 1.2.2010 till today. 2 Both parties quarreled on trivial matter for irrigation of field, members of both the parties injured remained together in Jail ended all the differences. So, the period undergone by the petitioners may be observed sufficient towards their sentence when sentence is only pressed by learned counsel. I agree with the submission of learned counsel. In the result, the revision application is allowed in part on the point of sentence only that is modified and minimized to the period already undergone by them. Liability of fine imposed by the trial court is also exonerated. The conviction is maintained with modification in sentence as mentioned above. Petitioners shall be released from custody at once if not wanted in any other case. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioners. Let the lower court record, called for by order dated 10.3.2010 be sent back to the court below. AI ( Mandhata Singh, J.)