IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.835 of 2011 1. Bhikhari Paswan s/o Late Sheo Pujan Paswan. 2. Subba Paswan s/o Late Narayan Paswan 3. Jokhan Ram s/o Late Kishmat Ram All are resident of village- Arang, P.S. Dinara District- Rohtas … Appellant/Petitioners. Versus The State Of Bihar (Prosecution) - Opposite party ----------- 3. 19.07.2011 For the reasons mentioned in I. A. No. 1518 of 2011, the delay in preferring this cr. revision is condoned. Learned counsel for the petitioners submits that petitioner no. 3, Jokhan Ram had not filed criminal appeal. Therefore, he does not want to press this application on behalf of petitioner no. 3. This revision application is dismissed as not pressed so far it relates to petitioner no. 3. Rule confined to question of sentence only. Heard Mr. Ram Suresh Roy, learned senior counsel for petitioners and Mrs. Indu Bala Pandey, learned A. P.P. for the State. With the consent of learned counsel for the parties, this application is being disposed of at the stage of admission itself. 2 Two convicts of Trial No. 498/07 of the Court of learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas have filed the present application challenging the judgment and order of conviction recorded by the learned Trial Court as also the judgment and order of affirmation passed by the learned Lower Appellate Court on their appeal being Cr. Appeal No. 57 of 2007. The learned Trial Court has found the petitioners guilty under Sections 379 and 447 of Indian Penal Code and sentenced to undergo simple imprisonment for six months with fine of Rs.500/- and in default of payment of fine 15 days simple imprisonment. It is submitted on behalf of the petitioners that prosecution case relates to forcible harvesting of crop. Part of the harvested crop was subsequently recovered from the possession of the accused persons. It is submitted that both the parties led claim over the land in question. Learned trial court having regard to the material/evidence brought on record found that the land belonged to the prosecution side and accordingly they were convicted and sentenced. It is also submitted that occurrence 3 had taken place on 2.11.2002 and the Trial Court ultimately found and held them guilty by judgment and order dated 14.5.2007. At least for five years, the petitioners had to undergo the ordeal/rigours of trial. Referring to the Trial Court’s judgment, it is next submitted that they have been found to be the first convicts. It is the submission of the petitioners that considering the nature of allegations and the material available on record, petitioners deserve a lesser quantum of sentence. It is further submitted on behalf of the petitioners that in similar facts and circumstances, co-accused Ramayan Ram and five others had filed Cr. Revision No. 237 of 2011 and their sentence has been reduced to four months by a Bench of this Court vide order dated 10.3.2011. So far petitioner nos. 1 and 2 are concerned, they have been in custody since 8.2.2011 and they had served the sentence for more than five months. Learned A.P.P. for the State submits that there are concurrent findings of guilt recorded by the two courts below which do not require any interference. 4 After hearing learned counsel for both the parties and after going through the materials on record including the two judgments impugned in the present revision application, I find that petitioner nos. 1 and 2 have sufficiently been harassed in pursuing the criminal litigation for a long time. They have already served the sentence of imprisonment for more than five months out of six months with fine. Considering the facts and circumstances, the conviction recorded by the trial court and affirmed by the lower Appellate Court do not require any interference except sentence of imprisonment. The sentence of imprisonment of petitioner nos. 1 and 2 is reduced to the period already gone under imprisonment. With this modification in sentence, this application is dismissed so far it relates to petitioner nos. 1 and 2. Kanchan (Amaresh Kumar Lal, J.)