IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1943 of 2009 1. CHANDRAMA YADAV 2. Kanhaiya Yadav 3. Suresh Yadav 4. Ramesh Yadav 5. Jagesh @ Jogesh Yadav 6. Shambhu Yadav, All R/o Vill.Bihiyan, P.S. Bihiyan, Dist. Bhojpur. Versus The STATE OF BIHAR ----- 3/ 21.12.2009 Heard learned counsel for the petitioners and learned counsel for the State. Though mistake committed by the Trial Court and the Appellate Court are pointed out but it is submitted that F.I.R. was filed for the offence under Sections 341, 323, 379 and 504 of I.P.C. Conviction was recorded by the trial court for the offence under Sections 341, 323 and 379 of the I.P.C. disbelieving the offence under Section 504 of the I.P.C., while in appeal conviction under Sections 341 and 323 of the I.P.C. only is affirmed disbelieving under section 379 of I.P.C. Parties are sharers and land dispute is prevailing in between them. Prior to filing of this F.I.R., four complaint cases for similar nature of the offences were filed on behalf of the informant, which were ended in acquittal. But this one is decided in conviction without considering the non-examination of I.O. and eye witnesses. Though all the infirmities are submitted but stress is made to consider the sentence. On that point, submission of the learned counsel for the petitioners is that they are entitled for the relief on Probation of Offenders Act to be released on admonition only. I find substance in the submission made on behalf of the 2 learned counsel for the petitioners that petitioners’ release on admonition should be recorded but now, petitioners remained in custody one day in course of trial and since 11.12.2009 till today herein revision which can be observed sufficient towards their sentence. The revision application is party allowed on the point of sentence by modifying and minimizing the sentence to the period undergone while Judgment and Order dated 17.09.2009 passed by the Additional Sessions Judge-V, Bhojpur, Ara in Cr. Appeal No. 14 of 2008 for conviction is hereby affirmed. shail (Mandhata Singh, J.)