IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.940 of 2009 1. SHAILESH KUMAR 2. NARVADA PRASAD 3. UDAY KUMAR 4. MALTI DEVI 5. ASHA DEVI Versus THE STATE OF BIHAR ----------- 2 02.07.2009 Heard both sides. The petitioners have approached this Court calling in question the judgment and order dated 22.5.2009 recorded by the learned Addl. District and Sessions Judge, Fast Track Court- III, Saran at Chapra in Cr. Appeal No. 115 of 2007 whereby the appeal was dismissed with certain modification in sentence. For an allegation punishable under section 341, 447, 323/34 of Indian Penal Code, all the five accused persons were charged and tried. Petitioner no. 1 was additionally charged under section 354 of Indian Penal Code. The learned Trial Court on appraisal of the evidence brought on record by the parties convicted them under the aforesaid charges and sentenced for different terms. Aggrieved by order of conviction and sentence, they preferred appeal. By the impugned order dated 22.5.2009, the learned lower appellate court modified the sentence(s) recorded by the learned trial court. All the petitioners were convicted under sections 341, 447 of Indian Penal Code but were released after admonition. They were, however, also held guilty under sections 323/34 of Indian Penal Code and in stead of substantive sentence, the appellate court imposed with a fine of 2 Rs. 500/-. Petitioner No. 1 was, however, sentenced to undergo rigorous imprisonment for one year under section 354 I.P.C. This Court perused the judgment and finds that there is no patent illegality in appreciating the evidence meriting interference of this court. In my view, learned lower appellate court has adequately modified the sentence(s) for the charge(s) the petitioners were found and held guilty. No further indulgence, in the facts of the case, is called for. There is no merit in the application. It is, accordingly, dismissed. pkj ( Kishore K. Mandal, J. )