IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1783 of 2009 1. MUNMUN YADAV 2. SALIK YADAV 2. UDAY YADAV --------------- Versus STATE OF BIHAR ----------- 2 18.11.2009 Heard learned counsel for the petitioners and the State. This revision application has been filed against the judgment and order dated 11.8.2009 passed by 5th Additional Sessions Judge, Bhojpur at Ara in Cr. Appeal no. 31 of 2001 by which he has dismissed the appeal and affirmed the judgment of conviction and order of sentence dated 18.8.2001 passed in Case no. G.R. 1382/97, Tr. 248/01 by Shri G.P.Singh, Judicial Magistrate, 1st Class, Ara, by which petitioners were convicted under sections 341,323 and 448 IPC and were sentenced to undergo R.I. for one month under section 341 IPC and were sentenced to undergo R.I. for three months each under sections 323 and 448 IPC with a direction to serve out sentences concurrently. The submission of learned counsel for the petitioners is that parties are Gotias, 2 children from both families quarreled, later there was an altercation and thereafter assault. Petitioners have no criminal antecedent even then they remained in custody since 4.11.2009 when they surrendered before filing of this revision petition. Learned counsel further submits that this period of custody of petitioners can be observed sufficient towards their sentence, conviction is though challenged but not pressed. In my view also discussed suggested circumstance, entitles petitioners for modification on the point of sentence. This revision application is partly allowed on the point of sentence that to the period undergone by the petitioners and judgment and order passed by the court below is affirmed for the rest. Petitioners shall be released from custody in the aforesaid case, if not wanted in other case. Let this order be communicated through fax at the cost of the petitioners. A.I (Mandhata Singh, J.)