IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.841 of 2011 1. Ramadhar Ram son of Sri Bhikhari Ram 2. Rajendra Ram son of late Dudhnath Ram 3. Shivnath Ram son of Late Raghunath Ram 4. Dev Kumar Ram son of Sri Bhikhari Ram All are resident of village- Bimwa Ke Mathiya P.S.- Jagdishpur, District- Bhojpur. … Petitioners. Versus The State Of Bihar .. Opposite party. ----------- 3. 27.07.2011 The accused-petitioners have preferred this revision application against the judgment and order dated 18.5.2011 passed by learned Sessions Judge, Bhojpur at Ara in Cr. Appeal No. 19 of 2010 by which the order dated 22.6.2010 passed by learned Judicial Magistrate, Ist Class, Bhojpur, at Ara in G. R. No. 2504 of 1993, T. R. No. 2986 of 2009 arising out of Jagdishpur P. S. Case No. 178 of 1993 has been confirmed and the appeal has been dismissed. Both the parties are ready to get this criminal revision disposed of at the admission stage itself. Heard learned counsel for the petitioners and learned counsel for the State. The necessary facts for disposal of this revision application is that the accused- petitioner Ramadhar Ram was flowing water on 2 the street on which informant protested as it was the day of Chhath festival, thereafter accused petitioners assaulted him and his other family members. There is specific allegation against Rajendra Ram that he assaulted Suryabansh Ram with Bhala causing injuries. Accused Ramadhar Ram assaulted Surendra Ram with farsa and accused Shiv Nath Ram and Deo Kumar Ram assaulted the informant with Lahti causing fracture of his finger. After trial, all the other accused persons were convicted under Sections 341, 323/34 IPC and they were released after due admonition. The accused petitioners, Ramadhar Ram and Rajendra Ram were sentenced to six months imprisonment for committing the offence under Section 324 I.P. C. and accused- petitioners Shivnath Ram and Dev Kumar Ram were sentenced to one year imprisonment for committing offence under Section 325 I.P.C. by the learned Judicial Magistrate, Ist Class, Bhojpur at Ara in G. R. No. 2504 of 1993. Accused petitioners preferred Cr. Appeal No. 19 of 2010 in the Court of learned Sessions Judge, Ara. After hearing both the parties, the appeal has been dismissed and the judgment and order 3 passed by the learned Judicial Magistrate has been confirmed by the appellate court vide impugned order. It is submitted that petitioner no. 1, Ramadhar Ram and petitioner no. 3, Shivnath Ram are aged about 75 years. All the accused have been suffering from mental agony for more than 17 years as the date of occurrence is 17.11.1993. It will be in ends of justice that the sentence of the petitioners is reduced to the period already gone under custody. The petitioners have been in custody for about one month. Learned A.P.P. for the State has got no objection. After hearing learned counsel for the parties and on perusal of the materials available on record, it appears that the contention of learned counsel for the petitioners is correct. There is no material on record to show that the petitioners have any criminal antecedent. The petitioners have been suffering from mental agony for the last more than 17 years. Considering the facts and circumstances stated above, the sentence of the 4 petitioners is reduced to the period already gone in custody. They are directed to be released. With this modification in the sentence, this revision application is dismissed. Let this order be communicated to the court below through fax at the cost of the petitioners. Kanchan (Amaresh Kumar Lal, J.)