IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1901 of 2009 1. RAM NARAIN SINGH,son of late Birendra Singh 2. Shyam Narain Singh,son of late Birendra Singh Both are residents of village- Narauni Tola,P.S.-Marhowrah,District- Saran(Chapra). .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 09-12-2009 Heard learned counsel for the petitioners and the State. This revision application has been filed against the judgment dated 06-11-2009 passed by the 9th Additional Sessions Judge, Saran, Chapra in Cr.Appeal No.45/2007, by which he has dismissed the appeal affirming the judgment of conviction and order of sentence dated 03-04-2007 passed by the Judicial Magistrate, Ist Class, Chapra in G.R.No.525 of 2002/Tr.No.278 of 2007, by which he had awarded sentence to the petitioners and directed to undergo simple imprisonment for three months under Section 448 of the Penal Code, 15 days simple imprisonment under Section 341 of the Penal Code, six months simple imprisonment and fine of Rs.500/- under Section 323/34 of the Penal Code and further one year simple imprisonment and fine of Rs.1,000/- under Section 354/34 of the Penal Code observing that failing payment of fine they will further undergo simple imprisonment for two months. All the sentences are directed to run concurrently. In brief it is said that informant’s mother went to the land to ask the accused persons to remove cow dung kept by them on her land which was refused. When protest was made then accused persons 2 dashed the informant and torn her blouse and tried to outrage her modesty and also causing assault by means of fist. Thereafter, informant’s mother came who was also assaulted by them. On alarm villagers gathered and they could be saved. Trial commenced after cognizance and concluded in conviction which remained intact in appeal also. Submission of the learned counsel for the petitioner is that there was land dispute in between the parties. Admittedly petitioners were in possession over the land. They were asked to remove cow dung and planted Banana plant. In that also informant herself came to the petitioners, altercated and quarreled, if any thing happened, even then they have been convicted and sentenced also. His further submission is that petitioners have no criminal antecedent which is an admitted fact. Differences are there for entitlement of possession over the land, which was in possession of the petitioners. Well it can be said that pressure was made by otherwise pressurizing the petitioners. According to the learned counsel infirmities are there but keeping in view concurrent finding of two courts he prefers to press the sentence only and according to him circumstances arising out in the case followed by petitioners having no criminal antecedent entitle them to reduce the period undergone. I agree with the submission of the learned counsel. Accordingly, this revision application is partly allowed on the point of sentence which is reduced to the period undergone while conviction is affirmed. Petitioners are exempted from payment of fine, if any. As both the above named petitioners are in jail, they are directed 3 to be released forthwith, if not required in any other case. Let the order be communicated to the concerned court below through fax at the cost of the petitioners. AH/ ( Mandhata Singh, J. )