IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1733 of 2009 1. LATIF NADAF S/O LATE DOST MD. NADAF R/O VILL- AZAMGARHI, P.S- DUMRA, DISTT- SITAMRHI 2. ISLAM NADAR, S/O MD. HANEEF NADF R/O VILL-AZAMGARHI, P.S-DUMRA, DISTT- SITAMARHI 3. ILLIYAS NADAF, S/O LATE SAHUB NADAF, R/O VILL- AZAMGARHI, P.S- DUMRA, DISTT- SITAMRHI----------Petitioners Versus 1. THE STATE OF BIHAR 2. ASARAF NADAF S/O JAMDALLI NADAF R/O VILL- AZAMGARHI, P.S- DUMRA, DISTT- SITAMRHI----------------------------Opp. Parties. ----------- 4. 25.11.2009 Heard the parties. Submission of the learned counsel for the petitioners is that there was land dispute in between the parties who are none else but gotia having differences for extension of their land. In that course tatti fixed by the complainant is allegedly dmaged. His land has been tress passed with further allegation of causing assault by means of farsa and lathi and snatching of Rs.200/- from the informant’s pocket. Though according to the petitioner evidence was not sufficient to conclude the conviction as land was being claimed by these petitioners and no injury of sharp cut was found but petitioners prefer to press on the point of sentence only. On the point of sentence, submission of the learned counsel for the petitioners is that petitioners remained in custody for more than period justifying. In the submitting circumstances, petitioner no.1 remained in custody for a period of more than four months and petitioner nos.2 and 3 remained in custody for a period of near about three months. All the sentences were directed to run concurrently. Petitioner no.1 is sentenced for the offence under 2 sections 324 and 379 of the Indian Penal Code only for a period of one year and petitioner nos.2 and 3 were sentenced maximum for the period of three months for the offence under section 323 of the Indian Penal Code. So the sentence for the offence under sections 324 and 379 of the Indian Penal Code for petitioner no.1 and section 323 of the Indian Penal Code for petitioner nos.2 and 3 is minimized to the period undergone. With the aforesaid modification this revision petition is dismissed confirming conviction. Petitioners above named are directed to be released forthwith in connection with Trial No.40 of 1991 arising out of Complaint case no.CI/407/86, if not wanted in any other case. Let this order be sent to the court below, i.e, Judicial Magistrate, Ist Class, Sitamarhi, through fax at the cost of the petitioners. Sudip ( Mandhata Singh,J )