IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1522 of 2009 1. BAHUR MISHRA 2. Hem Mishra 3. Lalan Mishra @ Lalan Kumar Mishra All three are sons of late Ram Narayan Mishra, and residents of vill.- Makranda, P.S.-Manigachhi, Distt.-Darbhanga-------------Petitioners. Versus STATE OF BIHAR ----------- 3. 8.10.2009 Heard learned counsel for the petitioners and the State. Prosecution case, in brief , is that informant while constructing wall from earth on a piece of land, petitioners came there, abused him, exhorted about being themselves owner of the land and thereafter, petitioner no.1 blew his lathi which broke informant’s elbow and two others also assaulted him. When his wife came there to save him, she was also assaulted by means of danda and slaps. There is further allegation about taking away of bucket, spade and wrist watch. After decision by the 2nd Addl. Sessions Judge, Darbhanga, the first appellate court, only conviction under section 323 of the Indian Penal Code is maintained for which petitioners are sentenced simple imprisonment for 90 days. According to the learned counsel for the petitioners, the sentence is excessive as land dispute was there and land was purchased by the petitioners from informant’s brother. Construction, which was being made, was illegal and the same was opposed. So with this false allegation the case is lodged including several offences even under sections 325 and 379 of the Indian Penal Code which is disbelieved. Petitioners remain in custody since 7.9.2009. So the - 2 - sentence can be minimized to the period already undergone which I also agree. So sentence is minimized to the period already undergone by the petitioners. Petitioners are directed to be released forthwith in connection with G.R. no.857/93, T.R. no.215/01. The revision is dismissed with modification on the point of sentence and confirmed for conviction. Let this order be sent through fax at the cost of the petitioners. sudip ( Mandhata Singh, J )