The main legal point established in the judgment is the consideration of evidence provided by prosecution witnesses, the nature and gravity of the offences committed, and the petitioners' age and criminal antecedents in reaching the decision.

JUDGMENT :

1. Heard Mr. P.P.N. Roy, the learned Senior counsel appearing on behalf of the petitioners alongwith Mr. Pandey Ashok Nath Roy, Advocate.

2. Heard Mr. Jitendra Pandey, the learned A.P.P. appearing on behalf of the Opposite Party-State.

3. This criminal revision has been filed against the judgment dated 13.06.2012 passed by the learned District and Additional Sessions Judge-cum-Special Judge (L.A), Hazaribag in Criminal Appeal No. 241/11 whereby and whereunder the learned appellate court has dismissed the criminal appeal filed by the petitioners and modified the judgment of conviction and the order of sentence dated 09.12.2011 passed by the learned Judicial Magistrate, 1st Class, Hazaribag in G.R. No. 2954/2001 corresponding to T.R. No. 1784/2011.

4. The conviction and sentence of the petitioners passed by the learned trial court as well as learned appellate are given in tabular form as under: -

5. The conviction and Sentence of Petitioner Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, and 11 passed by learned trial court as well as learned appellate court are same. Conviction and Sentence of Petitioner Nos. 5 and 12 passed by learned trial court as well as learned appellate court are same.

Submission on behalf of the petitioners

6. Learned Senior counsel appearing for the petitioners while advancing his arguments, at the outset, submitted that the date of occurrence in the instant case is of the year 2001 and there are 12 convicts and accordingly, there are 12 petitioners before this Court. Learned Senior counsel submitted that the Petitioner Nos. 1 to 4 and Petitioner Nos. 6 to 11 were convicted for offence under Sections 147, 148, 341, 323, 506/34 of the Indian Penal Code by the learned trial court and the Petitioner Nos. 5 and 12 were convicted under Sections 147, 148, 341, 323, 326, 506/34 of the Indian Penal Code. However, the learned appellate court has set aside the conviction of the Petitioner Nos. 5 and 12 for offence under Section 326/34 of the Indian Penal Code and convicted them under section 325 of IPC. Learned Senior counsel also submitted that so far as offence under Section 148, 504/34 of the Indian Penal Code is concerned, the learned appellate court acquitted all the petitioners. Learned Senior counsel submitted that considering the fact that the occurrence is of the year 2001 and there was previous enmity between the parties, the sentences of the petitioners may be modified and confined to the period already undergone by them in custody. He submitted that during the pendency of the present revision application also, the petitioners have remained in custody for some time. The records of the case show that the petitioners had surrendered before the learned court below on 04.09.2012 and were directed to be released on bail vide order dated 19.09.2012. Learned Senior counsel submitted that after the order da