IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1544 of 2010 1. DAROGI YADAV S/O JEHAL YADAV 2. RAMESHWAR MAHTO @ RAMESHWAR YADAV SON OF LATE MANGAR MAHTO @ LATE MANGAR YADAV 3. ARJUN YADAV SON OF LATE MANGAR MAHTO @ LATE MANGAR YADAV 4. ANANDI YADAV SON OF LATE KARU YADAV 5. RAJO YADAV @ RAJENDRA YADAV SON OF LATE ULTAN YADAV ---- PETITIONERS Versus STATE OF BIHAR. ---- OPP. PARTY For the Petitioners : Mr. N.K.Agrawal,Sr. Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 02 02.11.2010 Rule confined to question of sentence only. Learned APP waives notice on behalf of the State. With the consent of the parties the present revision application is being finally disposed of at this stage itself. The only submission advanced on behalf of the petitioners is that considering the materials on record, learned trial Court itself released two of the convicts under Probation of Offenders Act.. Learned lower appellate Court, having regard to the fact that the occurrence had taken place in the year 1988 and the matter remain pending trial for about 08 years reduced the sentence from R.I. for 02 years with fine under Section 325/149 of the Penal Code to R.I. for 06 months with fine having default clause(s). It is contended that some of the other co-convicts of the present case moved this Court wherein this Court after considering the entire aspect of the matter reduced the sentence. Learned APP appearing on behalf of the State submits that 2 there is/are concurrent findings of guilt recorded against the accused persons which are based on appraisal of evidence on record and they do not call for any interference. One aspect of the case is very apparent that the occurrence had taken place in the present case in the year 1988.Close to 08 years was consumed in concluding the trial. The appeal remains pending for 15 years. For all these years the petitioners had to fight the criminal litigation which is a relevant consideration. It further appears that with respect to some of the co-convicts to the present case, this Court had passed an order reducing the sentence. For all these reasons, this Court is satisfied that a lesser quantum of punishment in the facts and circumstances of the case would sub serve the end of justice. Consequently while upholding the judgment and order of conviction passed by learned trial Court and duly affirmed by learned lower appellate Court, the sentence awarded under Sections 325/149 of the Penal Code is reduced to R.I. for 03 months. Other part(s)/condition(s) of the sentence(s) so imposed by appellate Court shall remain intact/untouched. With this modification in sentence only, the application is dismissed. Sym ( Kishore K. Mandal, J.)