JUDGEMENT Mandhata Singh, J. 1. Heard the parties. 2. This revision application is directed against the order and judgment dated 18.5.2009 passed in Cri. Appeal no. 21 of 2007 by which the judgment of conviction and order dated 20.2.2007 passed in G.R. no. 954/2003, Trial no. 912/07 arising out of Motihari Mufassil P.S. case no. 77/2003 has been confirmed. 3. Only sentence is pressed referring that family members of two full brothers quarreled and in that course it is alleged that petitioners assaulted family members of the informant and his wife resulting into termination of informants wifes pregnancy. The matter was also sensitive for which the occurrence took place that petitioners shaved their heads on death of a child, informants grand-son without going to his door. Incident took place in the year 2003 and since then, according to the learned counsel, petitioners are facing trial. Petitioners are ricksaw-pullars and there was no mens rea at all. There was some sudden provocation for the quarrel and in no manner assault caused was leading to termination of pregnancy. 4. According to the learned counsel, termination of pregnancy is also doubted as for the same informants wife was admitted to hospital but her statement was not recorded. Now referring to the above circumstance the only submission on behalf of the petitioners is that the period undergone by them may be observed sufficient towards their sentence and petitioner no. 1, who was alleged for causing assault leading to termination of pregnancy, remained in custody one day in the Trial Court and both the petitioners are in custody since 24.6.2009 till today. 5. In my view also, by minimzing the period of sentence, period of custody of the petitioners can be observed sufficient towards their.sentence. The discussed and suggested circumstance entitle petitioners for modification on the point of sentence. 6. The revision petition is partly allowed on the point of sentence by minimizing the period of sentence to the period undergone by the petitioner in custody and the judgment and order passed by the Court below is affirmed for the rest. 7. Petitioners, who are accused in the aforesaid case, be released forthwith from custody, if not wanted in any other case. 8. Let this order be sent through fax at the cost of the petitioners.