IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1529 of 2010 1. ANIRUDH YADAV, S/O LATE PATWARI YADAV. 2. AVINASH YADAV, S/O ANIRUDH YADAV, BOTH RESIDENT OF VILLAGE- GHUTHIYARA, POLICE STATION- FULLIDUMAR, DISTRICT- BANKA. ………PETITIONERS. Versus 1. STATE OF BIHAR. 2. MANOHAR YADAV, S/O UPASDEO YADAV, R/O VILLAGE- GHUTHIYARA, POLICE STATION- FULLIDUMAR, DISTRICT-BANKA. ………RESPONDENTS. ----------- For petitioners : Mr. Ajay Mukherjee, Advocate. For State : Mr. Jharkhandi Upadhyay, APP. 02/ 26.10.2010 Heard. Rule confined to the question of sentence only. Learned APP waive service of notice on behalf of the State. With the consent of the parties this application is being disposed of at this stage itself. Petitioners are aggrieved by the order dated 02.08.2010 passed by Additional Sessions Judge, F.T.C V, Banka in Sessions Cr. Appeal No. 44/2009/Tr. No. 15/2010 whereby the appeal preferred by them was dismissed and the judgment and order of conviction dated 06.03.2009 passed by Learned Judicial Magistrate, First class in G. R. Case No. 327/03/Tr. No. 22/09 has been affirmed. Learned Trial Court held the petitioners guilty Under Sections 323 and 341 of Indian Penal Code and sentenced to undergo R.I. for one year and S.I. for one month respectively. - 2 - The only submission made on behalf of the petitioners is that the petitioners and the informant are relatives. They reside in the same village. The petitioners are not found to have been previously convicted. Their appears to be land dispute between the parties that resulted in the occurrence. The petitioners have fought the litigation for about six years which definitely tells upon mental and physical condition of the litigant. These facts appearing from records do justify lesser quantum of sentence. Having regard to the submissions made on behalf of the petitioners, this court is satisfied that a lesser punishment, in the facts and circumstances of the case, shall sub serve the cause of justice. Accordingly while upholding the judgment and order of conviction recorded by learned Trial Court and duly affirmed by learned Appellate Court, the sentence awarded Under Section 323 is reduced to R.I. for 06 months. Other part (s)/condition (s) of sentence shall remain intact. With this modification in sentence only the application is dismissed. Ranjan ( Kishore K. Mandal, J)