IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1342 of 2009 SUBRATO CHAKROBORTY , son of Manindra Chandra Chakroborty, resident of Mohalla-Bhikhanpur, P.S.-Ishakchak, Distt.- Bhagalpur------------------------------------------------------------Petitioner. Versus STATE OF BIHAR . ----------- 7. 19.11.2009 Learned counsel for the victim as well as of the petitioner are present to press the compromise petition for decision of this revision. Both are heard. Joint submission of the counsel is that all the offence for which petitioner is convicted are compoundable save and except section 326 of the Indian Penal Code which was not constituting. But I do not agree with the submission as opinion of the doctor is clear enough that injury on the face of the victim was grievous in nature within the definition of section 320 of the Indian Penal Code. Certainly case can be decided for rest of the offences in acquittal accepting the compromise, that is observed also. As about section 326 of the Indian Penal Code, it is said that after revival of sweet relation from a wrong at any occasion custody of the petitioner can be minimized to the period undergone while this petitioner surrendered and remanded to custody on 10.8.2009. Case is triable by the Magistrate, Bhagalpur. Keeping in view the sweet relation, I am also of the view that liberal view on the point of sentence is justified. One thing more is pertinent to mention here that on 5.11.2009 victim was physically present in the court to corroborate the contents of 2 compromise. Under the discussed circumstances, compromise petition is accepted for the offence under section 323 of the Indian Penal Code and the same is accepted for offence under section 326 of the Indian Penal Code also for the purpose of taking liberal view on the point of sentence. In that view, this revision petition is allowed in part. Conviction and sentence passed under section 323 of the Indian Penal Code is set aside and sentence under section 326 is modified to the period undergone confirming conviction. Let this order be sent through fax to the court below, i.e., Judicial Magistrate, Ist Class, Bhagalpur, in connection with G.R. no.1951/2002, T. R. no.1187/2005 at the cost of the petitioner. Sudip ( Mandhata Singh,J )