Criminal Appeal (SJ) No.82 of 1994 Against the judgment and order of conviction and sentence dated 01. 03. 1994, passed by Shri P. N. Yadav, Additional Sessions Judge, Ist, Patna, in Sessions Trial Case No. 125 of 1987. 1. Haidar Ali. 2. Nasir Haider. Both sons of Syed Mohammad Nawab and residents of Mohalla- Moghalpura Fauzadri Kuan, P.S.-Khajekalan, Patna City. .... .... Appellants. Versus The State of Bihar .... .... Respondent. For the Appellants : Mr. Arun Kumar, Advocate. For the Respondent State : 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 appellants have been convicted for offence under Section 324/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. 3. From perusal of the record and as per prosecution case it appears that both the appellants and prosecution party are full brother living in the same house and occurrence is of the year 1985. However, 2 conviction and sentence has been maintained under Section 324 of Indian Penal Code, but benefit of under Section 360 Cr.P.C. has not been provided. 4. Hence I hereby ordered that appellants are entitled for benefit under Section 360 Cr.P.C. 5. However, the occurrence is of the year 1985 and not any report against the appellants for their misconduct and hence the appellants are ordered to be released within benefit under Section 360 Cr.P.C. 6. Hence with this observation, this appeal is disposed of. Patna High Court. The 18th August, 2011. NAFR/m.p. (Gopal Prasad, J.)