IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.797 of 2002 1. Arun Singh 2. Amrendra Singh, both are sons of Rajendra Singh R/o village Saidpur P.S. Dariyapur, Dist. Saran at Chapra …..Petitioners. Versus The State Of Bihar ……………………opposite party. ---------------------------------- 5 12.12.2011 The accused petitioners have preferred this revision application against the judgment and order dated 4.9.2002 passed by the learned Ist Additional Sessions Judge in Sessions Trial No. 2082 of 1994 by which they have been convicted and sentenced to S.I. for two months and to pay a fine of Rs. 200/- under section 323 of the Indian Penal Code and in default of payment of fine further imprisonment for one month. Heard. It appears that the petitioners were charged for the offence punishable under section 307 of the Indian penal Code for alleged attempt to commit murder of Baleshwar Singh on 6.5.1994 in village Saidpur within Dariyapur Police Station, Dist. Saran. After the trial the learned trial court has considered the evidence adduced on behalf of the prosecution and has come to the finding and held that the prosecution has been able to prove the offence under section 323 of the Indian penal Code and not under section 307 of the Indian Penal Code and accordingly the petitioners have been sentenced to S.I. for two months and to pay a fine of Rs. 200/- under section 323 of the I.P.C. It further appears that the occurrence has taken placed on 6.5.1994. The petitioners have no criminal antecedent . they 2 have also been in custody for more than a week. They have been suffering mental agony. In my opinion, it will not be proper at this stage to send them in custody after lapse of more than 17 years. It is a fit case in which the sentence should be modified. Accordingly, the sentence of the petitioner is modified to the period already undergone in custody. With this modification in the sentence the revision application is dismissed. M.Rahman (Amaresh Kumar Lal, J)