IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.630 of 2009 1. LAKHAN MANDAL SON OF LATE BANBARI MANDAL 2. NARESH MANDAL SON OF LAKHAN MANDAL ….PETITIONERS Versus 1. STATE OF BIHAR 2. NAND KISHORE MANDAL ….OPPOSITE PARTIES ----------- 3 18.4.2009 The Appellate Court by its judgment and order dated 11.12.2008 passed in Criminal Appeal No.10 of 2007 affirmed the sentence of conviction passed by the trial court under section 323 and 504 of the Penal Code by which the petitioners were convicted three months on each count. It is alleged by the complainant that all the accused persons came armed with lathi and paina and began to assault him. It is further alleged that on account of assault the complainant as well as one Kishore Mandal were injured. The prosecution examined all together five witnesses in support of its case including the Doctor who was examined as P.W.5. Both the trial court and the Appellate Court found the evidence of the prosecution witnesses to be consistent and this court does not find any reason for differing with those judgments and as such the judgment of conviction passed by the trial court and affirmed by the Appellate Court is sustainable in law. So far as quantum of sentence is concerned, it appears that this is the first offence of the accused persons. Further more out of total sentence of three months awarded to them, they have already remained in custody for more than one month. In the circumstances, - 2 - KHAN for the ends of justice the period already undergone by them would be sufficient to meet the sentence of conviction. The petitioners are directed to be released forthwith, if not wanted in any other case. With the aforesaid modification in the sentence, this revision application is dismissed. Let this order be communicated through fax to the Addl. District & Sessions Judge, F.T.C.IV, Jamui at the cost of the petitioners. (S.P.Singh,J)