Criminal Appeal (SJ) No.329 of 1997 **** Against the judgment and order, dated 10.12.1997, passed by Shri Shiv Shankar Sharma, Additional Sessions Judge, IX, Patna, in S. Tr. No. 531 of 1993 **** Dharmendra Kumar @ Vishnu Kant, son of Ram Naresh Singh, resident of village Badipur, P.S. Naubatpur, district Patna .. Appellant Versus The State Of Bihar .. Respondent **** For the Appellant .. Mr. Binod Kumar Singh, Adv. For the Respondent .. Mr. Sujit Kumar Singh, APP **** P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard the counsel for the appellant and the State. 2. The appellant has been convicted under Section 324 of the Penal Code and has been sente3nced to undergo rigorous imprisonment for ten years and has, further, convicted under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for ten months. 3. The occurrence took place in regard to irrigation of the field from the water of ditch from the boring of Shiv Narain Singh and there is allegation of firing causing injury to Ramla Devi and the role 2 attributed to the appellant that he fired causing injury to Ramla Devi, who came to the scene on the alarm of the informant. 4. The learned counsel for the appellant, however, contended that the convict, Ram Naresh Singh, having similar allegation has been granted the benefit of Section 360 of the Criminal Procedure Code, but, the appellant has not been granted the benefit of Section 360 of the Criminal Procedure Code and the Probation of Offenders Act on the ground that the injury was on the weaker sex. The learned counsel for the appellant, however, contended that the firing on Ramla Devi was not intentional and the appellant is a Teacher and the occurrence is of the year 1992. 5. Hence, having regard to the facts and circumstances that the occurrence took place with regard to the irrigation of water from ditch and the injury is simple and superficial and the occurrence is of the year 1992, hence, the appellant is entitled for benefit of Section 360 of the Criminal Procedure Code and the Probation of Offenders Act and is ordered to be released on due admonition. 6. The appeal is dismissed with the above observations. ( Gopal Prasad, J. ) The Patna High Court, The 19th day of July 2011, N.A.F.R., S.A.