IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.293 of 2002 1. SATYA NARAIN MAHTO 2. KRISHNA DEO MAHTO @ KISHUNDEO MAHTO 3. DHANESHWAR MAHTO 4. BHAGWAN MAHTO ------------------- PETITIONERS Versus 1. STATE OF BIHAR 2. JAI KANT MAHTO --------------- OPPOSITE PARTIES ----------- For the State: Umeshlal Verma, APP 5 29.3.2010 The present revision application has been preferred for setting aside the judgment and order dated 20.12.2001 passed by Vth Additional Sessions Judge, Samastipur in Cr.Appeal no. 118/96, by which he partly allowed the appeal and acquitted the petitioners from the charge under section 147 IPC for which they were convicted and sentenced by the judgment dated 6.8.1996 passed in C.R.70/90/Tr. 305/96 to undergo R.I. for three months but he upheld the conviction and sentence awarded to the petitioners to undergo R.I. for three months for the offence under section 323 IPC passed by Judicial Magistrate, 1st Class, Rosera. Heard learned counsel for the parties. This revision is admitted to hear the same on the point of sentence on 23.4.2002. Incident is of the year 1990. One of the petitioners Bhagwan Mahto has already been 2 released on execution of probation bond but three others namely petitioner nos. 1,2 and 3 have not been given such benefit. They remained in custody for sufficient period and had surrendered in the case on 10.4.2002 and were allowed bail by this Court on 23.4.2002, certainly should have been released thereafter. The custody period appears to be held sufficient towards sentence without any further harm to the petitioners. This revision application is partly allowed that the sentence of petitioner nos.1,2 and 3 namely Satya Narain Mahto, Krishna Deo Mahto @ Kishundeo Mahto and Dhaneshwar Mahto is minimized for the period undergone by them. As such, the conviction of the petitioners under section 323 IPC is maintained. Let the lower court record be sent to the court below forthwith. AI ( Mandhata Singh, J.)