Criminal Appeal (SJ) No.309 of 1994 **** Against the judgment and order, dated 16/17.09.1994 by Sri K.K. Srivastava, Additional Sessions Judge, II, Bhagalpur, in S. Tr. No. 353 of 1990 **** 1. Md. Reyaz, S/O Md. Nasim 2. Md. Ainul, S/O Md. Rasool 3. Md. Kamil, S/O Md. Tetar 4. Md, Salam, S/O Md. Nizam 5. Md. Sohrab, S/O Md. Idris 6. Md. Pappu, S/O late Md. Khalil 7. Md. Mani, @ Nazir, S/O Chand Ali 8. Md. Shamsuddin, S/O Qamruddin Sl. Nos. 1 to 3 are residents of Mohalla Asanandpur, P.S. Kotwali, district Bhagalopur, Sl. Nos. 4 to 8 are residents of Mohalla Pankha Toli, P.s. Jagdishpur, district Bhagalpur .. Appellants Versus The State Of Bihar .. Respondent **** For the Appellants .. M/S Krishna Mohan & Parveen Kumar, Advs. 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 appellants and the State. 2. This criminal appeal is directed against the judgment and order of conviction passed by Sri K.K. Srivastava, Additional Sessions Judge, II, Bhagalpur, in S. Tr. No. 353 of 1990 by which the 2 appellants have been convicted under Sections 147, 353, 153, 427, 307 read with 34 of the Penal Code. The offence is of the year 1990 and the prosecution, as alleged, is that there was communal tension in Bhagalpur, when the curfew was imposed. However, the informant, who was heading the static force noticed that a mob of 250 persons of muslim community is violating the prohibitory order and raising slogans to arose the communal feeling and it is alleged that the said unlawful assembly fired and damaged the Government’s property and the informant in the performance of the Government duty with the military force apprehended eight persons during the chase to the mob and caught from irate mob, who are the appellants. The first information report was lodged, charge sheet submitted and after taking cognizance the trial proceeded and convicted, as stated above. 3. Perused the record. From perusal of record it is apparent that occurrence is of the year 1989 and there is no specific overt act against these appellants though there is allegation of firing and assault or destruction. However, there is neither any weapon found from the appellants nor any specific overt act has been alleged or brought against the appellants and they were simply the members of the mob. Further, the occurrence is of the year 1989 and the appellants suffered a lot during the trial as well as during the pendency of the appeal and, hence, the lenient view may be taken. 4. However, during the trial the appellants were in custody for eight months and, further, they were remained in jail for about fifteen days after conviction till the grant of bail by the Hon’ble Court. 3 5. Hence, having regard to the facts and circumstances, the ends of justice shall meet by sentencing the appellants for period already undergone during the investigation and after conviction. 6. With this modification in the order of sentence, the appeal is dismissed. ( Gopal Prasad, J. ) The Patna High Court, The 13th day of July 2011, N.A.F.R., S.A.