IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.714 of 2010 1. ANIL SAH 2. SUNIL SAH 3. SANJAY SAH 4. VIJAY SAH ALL SONS OF RAGHUNANDAN SAH 5. RAGHUNATH SAH, S/O SUKHRAM SAH ALL ARE RESIDENT OF VILLAGE – SADHA (PUPARI), P.S. – PUPARI, DISTRICT– SITAMARHI ……………………….. PETITIONERS Versus STATE OF BIHAR ………… RESPONDENT ----------- 2/ 14.05.2010 This Cr. Revision is directed against judgment and order dated 15th June 2007 passed in G.R. No. 292 of 2003 / Tr. No. 362 of 2007 by which the learned Judicial Magistrate Ist Class, Pupari (Sitamarhi) convicted the petitioners under Section 341, 323 & 504 of the Indian Penal Code and sentenced them to undergo S.I. for a period of three months for the offence under Section 323 of the Indian Penal Code. Further sentenced the petitioners to undergo S.I. for six months for the offence under Section 504 of the Indian Penal Code and also imposed a fine of Rs. 250/- (Rs. Two hundred fifty) each for the offence under Section 341 of the Indian Penal Code and in default, for payment of fine, they shall undergo S.I. for 15 days more and all the sentences shall run concurrently as well as for setting aside order dated 20th March 2010 passed in Cr. Appeal No. 47 of 2007 / 12 of 2009 by which the learned Additional Sessions Judge, / F.T.C. I, Sitamarhi has been pleased to dismiss the Cr. Appeal with modification in sentence but has been pleased to acquit of the petitioners from the charge under Section 504 of the Indian Penal Code. Heard learned counsel for the petitioners and learned counsel the State. Sentence is pressed only on referring dispute in between the parties for their own share and share of deceased brother. Rightly fine has been imposed for the offence under Section 341 but three months for Section 323 of the Indian Penal Code. It was a good case in which petitioners were entitled for Probation of Offenders Act. However, they surrender in the case on 7.5.2010 and till today are in custody. That can be observed sufficient towards sentence. I agree with the learned counsel. In the result, this revision application is partly allowed on the point of sentence only which is modified and minimized to the period already undergone by the petitioners. The conviction is maintained with modification in sentences as mentioned above. The petitioner shall be released from custody at once, if not wanted in other case, and, after deposit of fine amount. Let this order be communicated to the court below through fax at the cost of the petitioners. Praful ( Mandhata Singh, J. )