IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.575 of 2010 1. GANESH YADAV 2. UMESH YADAV 3. SATTAN YADAV 4. DINESH YADAV ------------------- PETITIONERS Versus 1. STATE OF BIHAR 2. DASHRATH SAH -------------- OPPOSITE PARTIES ----------- 2 23.4.2010 This revision application has been filed for setting aside the order dated 16.2.2010 passed in Criminal Appeal No. 18 of 2009 by Additional Sessions Judge, F.T.C. V, Saharsa whereby he dismissed the appeal and upheld the judgment and order of conviction passed by Judicial Magistrate, 1st Class, Saharsa in G.R.Case No. 1403 of 2005, T.R.No. 157 of 2009, by which petitioner has been awarded 10 months simple imprisonment for the offence under section 323/34 IPC. Sentence is only pressed by learned counsel referring the vague allegation of Marpeet against all the petitioners. According to learned counsel, there was some dispute in between the parties for the land and in that continuation the incident if really took place with no serious injury and petitioners were first offenders even two of them are school 2 going, come from poor family and entitle for relief under Probation of Offenders Act but all were sentenced for 10 months S.I. Now the petitioners remained in custody since 5.4.2010 if that is observed sufficient towards their sentence, may meet the ends of justice. In the result, this revision application is partly allowed on the point of sentence only that is modified and minimized to the period already undergone by the petitioners. The conviction is maintained with modification in sentence as mentioned above. All the four petitioners shall be released forthwith from custody, if not wanted in other case. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioners. AI ( Mandhata Singh, J.)