IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1479 of 2009 1. LALITESHWAR TIWARY @ LALAN TIWARY 2. KAUSHAL TIWARY -------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 11.9.2009 This revision application is preferred against the judgment dated 24.7.2009 passed by Sri Dilip Kumar Jha, Additional Sessions Judge, F.T.C. II, Muzaffarpur in Cr.Appeal No. 70 of 2008 affirming the judgment and order dated 10.7.2008 passed by Sri Lal Bahadur, Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No. C–8/95 bearing Trial No.2389/2008 by which petitioners have been convicted under section 188 IPC and sentenced to undergo simple imprisonment for three months and fine of Rs. 1,000/- to each, in default of payment of fine S.I. for one month. The submission of learned counsel for the petitioners is centralised to sentence only awarded to the petitioners under section 188 IPC and in that connection he states that originally petitioners and Prabha Devi were litigating for a piece of land and some prohibitory order was passed by Sub-divisional Magistrate, Muzaffarpur though the order was - 2 - not served even then finding the service sufficient, petitioners were convicted for the construction upon the land allegedly made after promulgation of the order. Further according to learned counsel that the evidence was lacking if any construction was raised after promulgation of the order even then the trial court as well as the appellate court found petitioners guilty and convicted them for the offence under section 188 IPC and sentenced them to undergo simple imprisonment for three months. They faced prosecution since 1995 and surrendered in court below on 7.9.2009 just before filing of this revision petition. Keeping that in view, the period of custody already undergone by the petitioners may be observed sufficient towards punishment. Fine of Rs.1,000/- to each petitioner is also imposed which will remain in tact but the sentence is reduced to the period already undergone. As such, with aforesaid modification in sentence, the revision petition is dismissed and order of conviction and sentence is affirmed. - 3 - Both the petitioners are directed to be released forthwith from custody, if not required in any other case, subject to deposit of fine. As prayed for, let this order be communicated to the court below through fax at the cost of the petitioners. (Mandhata Singh,J.) AI