Criminal Appeal (SJ) No.167 of 1994 Against the judgment and order of conviction and sentence dated 26. 04. 1994, passed by Shri Nand Kishore Narain Sinha, 4th Additional Sessions Judge, Aurangabad, in Sessions Trial No. 177 of 1990/86 of 1992 Rafique Ansari, son of Md. Sobrat Mian, resident of Village Pawai, P.S. & District- Aurangabad. .... .... Appellant. Versus 1. The State Of Bihar 2. Manzoor Khan, S/o Kamruddin Khan. R/o Village- Pawai, P.S. Aurangabad, District-Aurangabad. .... .... Respondents. For the Appellant. : Mr. Krishna Pd. Singh, advocate. Mr. Meena Singh, Advocate. Mr. Rakesh Singh, Advocate. For the Respondent State : Mr. Sujit Kumar Singh, A.P.P. PRESENT THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned counsel for the appellant and learned counsel for the State. 2. The appellant has been convicted for offence under Section 324 I.P.C. and has been sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 250/- and in default to undergo rigorous imprisonment for one month. 3. Learned counsel for the appellant however contends that, though, appellant is first offender but benefit under Section 360 Cr.P.C. has not been given. 2 4. However, the appellant remained in jail for four months during investigation and occurrence is of the year 1989 and appellant has suffer a lot during the pendency of the appeal. 5. Having regard to the facts and circumstances, interest of justice shall meet by sentencing the appellant for the period already undergone. Hence with this modification of sentence, this appeal is dismissed. Patna High Court, The 23rd August,2011. NAFR/m.p. ( Gopal Prasad, J.)