Criminal Appeal (SJ) No.72 of 1997 ****** Against the judgment of conviction and order of sentence dated 26.02.1997 respectively passed by Shri Harendra Kishore Verma, learned Additional Sessions Judge, Vth Aurangabad in Sessions Trial No. 96 of 1987/131 of 1996. ****** 1. Ramashish Paswan. 2. Guput Paswan @ Gupteshwar Paswan Both sons of Dwarika Paswan. 3. Phaguni Paswan 4. Ram Kishun Paswan. 5. Saguni Paswan, All sons of Ramdhani Paswan. 6. Janeshwar Paswan, Son of Phaguni Paswan. All residents of Village – Khan, Police Station – Aurangabad (M), District – Aurangabad. .... .... Appellants. Versus The State Of Bihar .... .... Respondent. ****** For the Appellants : Mr. Krishna Prasad Singh, Sr. Advocate. Mr. Mithilesh Kumar, Advocate. Mr. Rakesh Singh, Advocate. Mrs. Meena Singh, Advocate. For the Respondent : Mr. Sujit Kumar Singh, Advocate. ****** P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD GOPAL PRASAD, J. Heard. 2. The appellant no. 1 has been convicted under Section 323 of the Indian Penal Code and appellant nos. 2 to 6 have been convicted under Section 323/149 of the Indian Penal Code. 3. The occurrence is of the year 1986. However, the conviction under Section 323 of the Indian Penal Code but the benefit of Section 2 360 of the Cr.P.C. or Sections 3 and 4 of the Probation of Offenders Act was not provided to appellant no. 1 and the benefit of Sections 3 and 4 of the Probation of Offenders Act was provided to other appellants. However, having regard to the facts and circumstances of the case, the appellants are entitled to benefit of Sections 360 of the Cr.P.C. and Sections 3 and 4 of the Probation of Offenders Act and hence the order of sentence is hereby substituted by giving benefit of Section 360 of the Cr.P.C that they are ordered to be released on due admonition hence, with the modification in sentence the appeal is dismissed. (Gopal Prasad, J.) Patna High Court, Patna Dated, the 30th August, 2011. N.A.F.R./Kundan.