IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.504 of 2010 1. RAZZAK MIAN 2. ABID MIAN 3. JABID MIAN @ JAHID MIAN Versus STATE OF BIHAR ----------- 03 27.07.2010 Heard both sides. Petitioners are aggrieved by the appellate order dated 30th January, 2010 passed in Cr. Appeal no. 15 of 2009 whereby appeal preferred by the petitioners herein was considered and dismissed. Petitioner no.1 was held guilty under Sections 323 and 341 of the Penal Code and sentenced to undergo S.I. for six months besides fine, and S.I. for 01 months respectively. So far as the petitioner nos. 2 and 3 are concerned, they were held guilty under Sections 324 and sentenced to undergo S.I. for one year besides imposition of fine having default clause(s). They were also held guilty Section 341 of the Penal Code and sentenced to undergo S.I. for one month. Appeal of the petitioners being Cr. Appeal no.15 of 2009 failed. It appears from the impugned judgment that altogether six prosecution witnesses were examined in this case. The submission of the petitioners before the lower appellate court that no independent witness was examined in this case and that there was contradictions in their evidence were considered and found not substantiated. Accordingly, the conviction and sentence(s) so ordered by learned trial Court was affirmed. 2 Learned counsel for the petitioners submits that petitioner no. 1 is aged about 70 years. This Court finds that learned trial Court considered said aspect of the matter but it was found that he was previously convicted and accordingly benefit of Section 360 of the Cr.P.C. was not given to him. This Court does not find any illegality in the impugned judgments. There is no merit in this application. It is, accordingly, dismissed. Sym ( Kishore K. Mandal, J.)