Criminal Appeal (SJ) No.184 of 1997 Against the judgment and order of sentence dated 25. 06. 1997 passed by Shri Harendra Kishore Verma, Additionnal Sessions Judge V, Aurangabad, in Sessions Trial No. 177 of 1987/ 78 of 1997. 1. Bijay Mahto, son of Late Bhuneshwar Mahto, Resident of Village- Ratan Koni, P.S. Tandwa, District- Aurangabad. 2. Panchu Mahto, son of Late Dukhi Mahto, Resident of Village- Ratan Koni, P.S. Tandwa, District- Aurangabad. …Appellants. Versus The State of Bihar .... .... Opposite Party. For the Appellants : Mr. Manindra Kishor Singh, Advocate. For the Respondent : Mr. Sujit Kumar Singh, A.P.P. PRESENT THE HONOURABLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned counsel for the appellants and learned counsel for the State. 2. The appellant Bijay Mahto has been convicted for offence under Section 323 and 147 of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year for offence under Section 323 I.P.C. and one year for offence under Section 147 I.P.C. 3. Learned counsel for the appellant contends that, though, the appellant has been convicted under Sections 323 and 147 of Indian Penal Code, but benefit of 2 Section 360 Cr.P.C. and Probation of Offender Act has not been given, though, occurrence is of the year 1986 and the judgment of conviction was recorded in the year 1997 and has contended that since the occurrence is of the year 1986, the appellant is entitled for benefit of Probation of Offender Act and Section 360 Cr.P.C. 4. Since order of sentence recorded by the lower court without giving any benefit of Section 360 Cr.P.C. and Probation of Offender Act, hence, the order of sentence against the appellant, Bijay Mahto is set aside. It is hereby ordered that the appellant is entitled for benefit under Section 360 Cr.P.C. and Probation of Offender Act and the appellant is directed to be released on due admonition. 5. With above modification of sentence, the appeal is dismissed. Patna High Court The 12th July, 2011. NAFR/m.p. ( Gopal Prasad, J.)