Criminal Appeal (SJ) No.327 of 1998 Against the judgment and order of conviction and sentence Dated 28. 08. 1998, passed by Sri Radha Krishna, 3rd Additional Sessions Judge, Darbhanga, in Sessions Trial No. 162 of 1992. 1. Arun Kumar Chaudhary, son of Late Krishna Chandra Chaudhary. 2. Binod Mohan Chaudhary, son of Late Harish Chandra Chaudhary. 3. Vijay Kumar Chaudhary, son of Late Harish Chandra Chaudhary. 4. Manoj Kumar Chaudhary, son of Sri Ram Nandan Chaudhary. All residents of Village- Panchov, P.S. Bishanpur, District- Darbhanga. .... .... Appellants. Versus The State Of Bihar .... .... Respondent. For the Appellants : Mr. Satish Chandra Jha, 3, Advocate. For the Respondent State : Mr. Parmeshwar Mehta, A.P.P. PRESENT THE HON’BLE 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 323 and 342 of the Indian Penal Code. 3. However, the occurrence is of the year 1990 and the appellants have not been given benefit of Probation of Offender Act, though, both parties are member of common ancestor and living in the neighbour. 2 4. Hence, Section of 3 of Probation of Offender Act is extended to the appellants and order of sentence be substituted by the order of the appellants be released on due admonition and order of sentence of lower court is set aside. 5. With this modification of sentence, the appeal is allowed. Patna High Court The 8th September, 2011. NAFR/m.p. ( Gopal Prasad, J.)