IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.772 of 2009 1.BIJENDRA YADAV SON OF TARNI YADAV 2.UMESH YADAV SON OF NIRDHAN YADAV 3.DUKHAN YADAV SON OF NETI YADAV ALL THE ABOVE THREE RESIDENTS OF VILLAGE TAM KULHA, P.S.SONBARSA,DISTRICT SAHARSA …PETITIONERS Versus THE STATE OF BIHAR …OPPOSITE PARTY ----------- 2 4.5.2009 The instant revision application is directed against the judgment and order dated 10.2.2009, passed in Cr.Appeal No.9 of 1998 by learned Additional Sessions Judge cum F.T.C.No.III, Saharsa affirming the judgment of conviction under sections 323 and 427 of the Penal Code passed by the trial court. The Appellate Court sentenced the petitioners to under go R.I. for six months under section 323 of the Penal Code and to under go S.I. for three months under section 427 of the Penal Code. However, both the sentences were ordered to run concurrently. The Appellate Court also imposed fine of Rs.200 each on the petitioners. The prosecution examined five witnesses in support of its case but curiously the Doctor was not examined. Having heard learned counsel for the parties and on going through the materials on record, this court does not find any illegality in the judgment of the learned court below. In this view of the matter, the conviction of the petitioners under sections 323 and 427 of the Penal Code is affirmed. So far as sentence of the petitioners is concerned, it appears that this is their first offence and the dispute arose on account of grazing of the field. There was no 2 KHAN pre-meditation to commit any offence or assault. As such the sentence of imprisonment is reduced to the period already undergone by them. The petitioners are directed to be released forthwith, if not wanted in any other case. The amount of fine is to be paid to the complainant Vidya Nand Yadav. In view of the nature of offence committed by the petitioners, this court observes that they will not suffer any disqualification in view of section 12 of the Probation of Offenders Act. With the aforesaid modification in the sentence, this revision application is dismissed. (S.P.Singh,J)