IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.649 of 2009 1. SHANKAR DAS SON OF LATE PRASADI DAS 2. KRISHNA DAS SON OF LATE PRASADI DAS 3. SHIV CHANRAN DAS SON OF KRISHNA DAS 4. MUNNA DAS SON OF ISHWAR DAS …PETITIONERS VersuS STATE OF BIHAR …OPPOSITE PARTY ----------- 2 13.4.2009 This revision application is directed against the judgment and order dated 30.1.2009 passed by learned District & Sessions Judge, Jehanabad in Cr. Appeal No.8 of 2006 whereby he upheld the conviction of the petitioners under sections 323 and 341 of the Penal Code, passed by the learned trial court and sentenced them to undergo imprisonment of six months under each count. The prosecution examined altogether 7 witnesses in support of its case. The informant supported the prosecution case and some of the witnesses corroborated the allegation of assault. Learned counsel for the petitioner submits that P.W. 6 Rajendra Das stated that on the order of Munna Das all the accused persons assaulted him. Having heard counsel for the parties, it is difficult for this court to interfere with the conviction of the petitioners in absence of any gross illegality in the impugned order. It appears that there was a case and counter case and this is the first offence of the petitioners. In this view of the matter, this court is of the view that the period already undergone by the petitioners will meet the sentence imposed on them, and as such the quantum of period granted by 2 KHAN learned Appellate Court is reduced to the period already undergone by them. The petitioners are directed to be released forthwith, if not wanted in any other case. With the modification in sentence, this revision application is dismissed. Let this order be communicated through fax at the cost of the petitioners. (S.P.Singh,J)