IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.969 of 2009 1. JEHAL KEWAT 2. RAM JANAM KEWAT 3. SANJEEVAN KEWAT ----------- PETITIONERS Versus STATE OF BIHAR ----------- For the petitioners: Mr. Ajay Kumar Thakur For the State: Mrs. Indu Bala Pandey,APP ****** 2 7.8.2009 Heard learned counsel for the petitioners and the State. This application is being disposed of with the consent of the parties. This revision application is directed against the judgment and order dated 5.3.2009 passed by Sri Balram Singh, Additional Sessions Judge, F.T.C.2, Biharsharif, Nalanda in Cr.Appeal no.21 of 1998 affirming the judgment and order dated 20.2.1998 passed by Sri B.B.Pandey, Sub-divisional Judicial Magistrate, Nalanda in G.R.Case No. 1222/95/Tr.No.599/98 by which the petitioners were convicted for the offence under sections 448 and 323/34 IPC and sentenced to undergo rigorous imprisonment for three months each and petitioner no.1 Jehal Kewat was further convicted under section 325 IPC and sentenced to undergo rigorous - 2 - imprisonment for six months. The grievance of the petitioners is that land dispute was there in between the parties for the incident of the same day. There was case and counter case in between the parties and over all they were entitled for the benefit enumerated under sections 3 and 4 of the Probation of Offenders Act which has not been taken into consideration at all by any court either by the trial court or the appellate court and due to that fault petitioners remained in custody since 19.6.2009 till today. So at least the period undergone by them can be taken sufficient towards sentence which ought to be awarded against the petitioners. A formal objection is raised by the learned A.P.P. but circumstances shown by the petitioners justify the submission made on behalf of the petitioners that the period of above mentioned sentence undergone by the petitioners awarded by the trial court is sufficient towards their punishment. So it is observed that the period undergone by the petitioners is sufficient towards sentence and to that extent sentence awarded by the trial - 3 - court that is Sri B.B.Pandey, Sub-divisional Judicial Magistrate, Nalanda in G.R.Case No. 1222/95/Tr.No.599/98 affirmed by the appellate court is modified. With the aforesaid modification, this criminal revision application stands disposed of. (Mandhata Singh,J.) AI