Criminal Appeal (SJ) No. 47 of 1994 ****** Against the judgment of conviction and order of sentence dated 07.02.1994 respectively passed by Sri Kamla Prasad, learned 2nd Additional Sessions Judge, Siwan in Sessions Tr. No. 283 of 1989 / 108 of 1992. ****** 1. Baijnath Prasad, Son of Ganesh Jee Prasad. 2. Ambika Prasad, Son of Baijnath Prasad. 3. Manan Prasad, Son of Gopi Chand Prasad. 4. Bijay Prasad, Son of Baijnath Prasad. 5. Krishna Prasad, Son of Baijnath Prasad. 6. Manan Prasad, Son of Jagarnath Prasad. All resident of Village – Chainpur, P. S. – Siwan, District – Siwan. .... .... Appellants. Versus The State Of Bihar .... .... Respondent. ****** For the Appellant : 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 have been convicted under Sections 323, 147 and 148 of the Indian Penal Code and sentenced to undergo simple imprisonment for three months for the offence under Sections 323 and 147 of the Indian Penal Code and six months for the offence under 2 Section 148 of the Indian Penal Code. 4. The occurrence is of the year 1988 and the benefit of Section 3 and 4 of the Probation of Offenders Act has not been granted to the appellants. I give the benefit of Section 3 and 4 of the Probation of Offenders Act and hence they are ordered to be released on due admonition 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 8th September, 2011. N.A.F.R./Kundan.