IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.940 of 2010 1. SUNDESHWAR SINGH , SON OF LATE RAMSAGAR SINGH. 2. MANISH KUMAR SINGH, SON OF SRI SUDESHWAR SINGH. 3. SATYENDRA KUMAR SINGH, SON OF SRI SUDESHWAR SINGH, ALL RESIDENT OF VILLAGE RAIN BISHUNI P.O. RAIN SHANKAR, P.S. RANISAIDPUR, DISTRICT SITAMARHI. …PETITIONERS. Versus 1. THE STATE OF BIHAR 2. NAVIN SINGH, SON OF RAMPABITRA SINGH, RESIDENT OF VILLAGE RAIN BISHUNI P.S. RAIN SHANKAR, P.S. RUNISADPUR DISTRICT SITAMARHI. …OPPOSITE PARTIES For the Petitioners: Mr. Uday Kumar For the State :Mr.Atul Chandra, APP ----------- 2. 06.07.2010 Heard both sides. Rule confined to the question of sentence only. Learned APP waives notice on behalf of the State. With the consent of the parties, this matter is being disposed of. The petitioners who are father and two sons, were charged under diverse section of the Penal Code for having assaulted the informant and his father. Such assault was made by dangerous weapon(s). At the trial, the prosecution examined three witnesses. On a consideration of the material on the record, learned trial court has found and held that the charge(s) punishable under section 323, 504/34 and 341 have been proved and accordingly they were sentenced to undergo S.I. for four months each under sections 323 and 504/34 IPC. They were also sentenced to undergo S.I. for 15 days under section 341 IPC. Aggrieved by the aforesaid judgment, the petitioners - 2 - preferred Cr.Appeal No.44/2009/18/2009 which was disposed of by the learned Additional Sessions Judge, F.T.C. I, Sitamarhi by his judgment and order dated 31.03.2010. Lower appellate court did not find sufficient evidence on record justifying their conviction under sections 341 and 504 IPC. Accordingly they were acquitted of the aforesaid charges. So far as the conviction under section 323 IPC is concerned, the learned appellate court has held as under in paragraph 11 of its judgment: “So far non-examination of the doctor and the I.O. are concerned, it may be pointed out here that if the prosecution case is established satisfactorily from the evidence of the witnesses either by the informant or the other witnesses regarding the point of assault, I do feel very much proper that non-examination of the doctor and the I.O. do not affect the merit of the case. Accordingly, I come to the conclusion that the prosecution has rightly been succeeded to prove the charge u/sec. 323 of the I.P.C. against the appellants beyond all the reasonable doubts. I find no wrong in the judgment of conviction and order of sentence recorded against these appellants by the learned court below for the offence punishable u/sec. 313 of the I.P.C.” Learned counsel for the petitioners states that the dispute had arisen over a trivial issue, i.e., cutting of bamboo. It is contended that the petitioners are the first offender. He draws attention of the Court to the averment made in the grounds at (X) and (XI) of the present application. It further appears that they were made to undergo rigours of the proceeding for about seven years. Keeping this aspect in focus, this Court is satisfied that a lessor punishment/sentence shall, in the present case, meet the ends of justice. The petitioners are accordingly sentenced to undergo S.I. for - 3 - two months under section 323 IPC. With this modification in sentence only, the application is dismissed hr ( Kishore K. Mandal )