Criminal Appeal (SJ) No. 319 of 1998 Against the judgment of conviction and order of sentence dated 20.08.1998 passed by Sri Someshwar Nath Pathak, learned Sessions Judge, Madhubani in Sessions Trial No. 06 of 1991. 1. Raj Lal Sahu @ Raj Lal Sah, Son of Late Kamal Sahu. 2. Singheshwar Sahu @ Singeshwar Sah, Son of Late Munni Sahu. 3. Jiwach Sahu @ Jiwach Sah, Son of Sri Singheshwar Sahu. 4. Dukhi Sah @ Dukhi Sah, Son of Sri Singheshwar Sahu. 5. Lal Bahadur Sahu @ Lal Bahadur Sah, Son of Late Mansukh Sahu. 6. Uma Shankar Sahu @ Uma Shanker Sah, Son of Late Mansukh Sahu. All residents of Village – Kasama Marar, Police Station – Khajauli, District – Madhubani. .... .... Appellants. Versus The State Of Bihar .... .... Respondent. ****** For the Appellants : Mr. Arun Kumar Tripathi, Amicus Curiae. For the Respondent : Mr. Sujit Kumar Singh, A.P.P. P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD GOPAL PRASAD, J. Nobody appears on behalf of the appellants. Mr. Arun Kumar Tripathi, Advocate is appointed as amicus curiae to assist this Court. 2. Heard learned amicus curiae and learned counsel for the State. 3. The appellants, namely, Raj Lal Sah, Jiwach Sah and Dukhi Sah have been convicted for the offence under Section 324 of the Indian Penal Code and sentenced to rigorous imprisonment for two years. No separate sentence has been passed for the offence under Section 148 of 2 the Indian Penal Code. Appellants, namely, Singheshwar Sah, Lal Bahadur Sah and Uma Shankar Sah have been convicted for the offence under Section 323 and 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. The appellant Umeshwar Sah has been convicted under Section 380 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. 4. The learned amicus curiae, however, submits that though the appellants have sentenced but the benefit of Section 360 of the Cr.P.C. may be given. The case is of the year 1990 and the appellants have suffered much the rigors of trial all along since 1990 and hence under the facts and circumstances the benefit of Section 360 of the Cr.P.C be given to the appellants and are ordered to be released on due admonition and hence the appeal is dismissed with modification in sentence. 5. Mr. Arun Kumar Tripathi, shall be supplied a copy of this judgment and he shall be entitled for the fee of hearing payable by High Court Legal Services Committee, Patna. (Gopal Prasad, J.) Patna High Court, Patna. Dated, the 5th August, 2011. N.A.F.R./Kundan.