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Ram Briksh Singh and Others vs The State of Bihar and Sarjug Singh

Patna High Court · Decided on 15 September 2011 · Citation: (2011) 09 PAT CK 0042

HON’BLE JUDGES
Gopal Prasad, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal (SJ) No. 12 of 1994
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Judgment

9 paragraphs · 357 words

Gopal Prasad, J.—In view of direction of this Hon''ble Court dated 04.04. 2011, the report of Senior Superintendent of Police, Gaya, has been received and it has been reported that Appellant Nos. 1 and 2, namely, Ram Briksh Singh and Karu Singh in this criminal appeal have died on 05. 01. 1997 and 15. 01. 2001, respectively. Hence, the appeal against Appellant Nos. 1 and 2 stands abated.

2.

Heard learned Counsel for the Appellants and learned Counsel for the State.

3.

The Appellant No. 3 has been convicted for offence u/s 325 I.P.C. and 147 I.P.C. and other Appellants have been convicted under Sections, 324, 147, 148 I.P.C. and have been sentenced to undergo rigorous imprisonment for two years for offence u/s 325 I.P.C. and two years for offence u/s 324 I.P.C., six months for offence u/s 148 I.P.C. and six months for offence u/s 147 I.P.C.

4.

The occurrence took place with regard to grazing of the vegetable in the land of the informant and the occurrence is of the year 1980. The parties are litigation since then and more than thirty years has already been elapsed and there is No. offence for conviction and sentence.

5.

However, it appears that the trial court did not extend the benefit u/s 360 Code of Criminal Procedure and even there is No. reason for the same, though, stated it is not desirable in the fact and circumstance of the case.

6.

However, having regard to the fact, the occurrence is of the year 1980 and the occurrence took place of grazing of cattle and hence, Appellants are entitled for benefit u/s 4 of the Probation of Offender Act.

7.

Hence Appellants are ordered to be released on execution of bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount for a period of one year for keeping peace and good behaviour and shall appear as and when require by the court and shall face sentence during the period.

With the modification of sentence, the appeal is hereby dismissed.

Let copy of this judgment be sent to lower court at the cost of the Appellants.