IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1524 of 2009 1. MD. SAMDANI 2. Md. Yasin @ Jamun, 3. Md. Ashgar @ Asgar Ali 4. Md. Samim, all sons of Md. Lal Gulaman Mian, All residents of village-Jogachak, P.S. Kawakole, District-Nawada ----------- Petitioners. Versus STATE OF BIHAR ----------- 5 06-01-2010 This revision has been preferred against the Judgment and order dated 11.6.2009 passed by the Addl. Sessions Judge, F.T.C.III, Nawada passed in Cr. Appeal No.14/2006/4/2006 affirming the Judgment and order dated 28.3.2006 passed in G.R.No.1836 of 1997/ T.R. No.1170 of 2006 by Judicial Magistrate, 1st Class, Nawada by which the petitioners have been convicted u/Ss 323,341/34 I.P.C sentencing them for rigorous imprisonment for six months simple imprisonment for offence u/S 323/34 I.P.C. and one month simple imprisonment for offence u/S 341/34 I.P.C. and also fine of Rs.1000/-for offence u/S 323/34 I.P.C .and in default of payment of fine, they will be convicted for three months R.I. Submission is that the petitioners are full brothers having land disputes with the informant who happens to be their step brother. It is submitted that they are innocent, but they have been - 2 - convicted by the trial Court for the offences under Sections 323/34 and 341/34 of the Indian Penal Code which was affirmed by the Addl. Sessions Judge, F.T.C. III, Nawada. So, much scope remains on the point of sentence only. Finally, it is stressed that they all are entitled for the relief given in provision of offenders Act either they be released after admonition or on furnishing bond, but that can be extended to fine only instead of any imprisonment. I find substance in the submission made on behalf of the petitioners but accepting the same to modify the sentence to fine only. Really the incident took place in the year, 1997 and petitioners faced prosecution for a period of more than 12 years. The sentence awarded against the petitioners is modified to the extent of fine only. Accordingly, Petitioners are imposed to pay fine of Rs.500/-each for the offence under Section 323/34 I.P.C. and Rs.300/- each for the offence under Section 341/34 I.P.C. and in default of payment of fine, they will be sentenced for 15 days simple imprisonment. With the aforesaid modification, the revision application is dismissed. NKS/- (Mandhata Singh, J)