IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1761 of 2009

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Smt. Bholiya Devi wife of Sri Birbal Mahto, resident of Village-

Bhagwanpur (Kamla) P.S. Uziyarpur, District

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. Ganesh Sahani son of Late Raghunandan Sahani

3. Bhula Sahni

4. Dholu Sahani, both sons of Ganesh Sahani

5. Ganaur Sahani son of late Raghunandan Sahani

6. Sanjeet Sahani son of Ganaur Sahani

All resident of village- Bhagwanpur (Kamla) P.S. Uziyarpur, District

Samastipur.

.... .... Opp. Party/s

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Appearance :

For the Petitioner/s : Mr. Dronacharya, Adv.

For the State : Mr. Shailendra Kr. Singh, APP

For O.P. No. 2 to 6 : Mr. Amitabh Bhardwaj, Adv.

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA

ORAL ORDER

3

18-12-2012

By the judgment and order dated 01.02.2008 passed by

the learned Judicial Magistrate, 1^st Class, Dalsingsarai, the accused

opposite party no. 2 to 6 were convicted for charges under

Sections 147 and 323 of the Indian Penal Code and were

sentenced to undergo simple imprisonment of four months and

three months respectively. Learned lower appellate court by the

impugned judgment and order dated 11.09.2009 passed in Cr.

Appeal No. 10/2009/49/2009 has affirmed the judgment of

conviction, but has modified the order of sentence. Instead of

sentencing the accused opposite parties to prison, they have been

released on due admonition in terms of Section 3 of the Probation

of Offenders Act.

After having heard the parties, this Court does not find

any legal infirmity or procedural irregularity warranting any

interference by this Court in exercise of its revisional jurisdiction

Patna High Court CR. REV. No.1761 of 2009 (3) dt.18-12-2012

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in the impugned judgment and order passed by the learned

Additional Sessions Judge, F.T.C. IV, Samastipur in the aforesaid

Cr. Appeal No. 10/2009/ 49/2009.

Consequently, the application fails and is, accordingly,

dismissed.

Let this order be communicated to the learned court

below.

BTiwary/-

(Birendra Prasad Verma, J)