Criminal Appeal (SJ) No.119 of 1999 **** Against the judgment, dated 19.04.1999, passed by Sri Gopal Krishna Jha, Additional District and Sessions Judge, VI, Motihari, East Champaran, in S. Tr. No. 446 of 1992 **** 1. Babu Lal Hazra 2. Chhathu Hazra 3. Yamuna Hazra, all sons of Bangali Hazra 4. Bhikhari Hazra, son of Tni Hazra All residents of village singhasan, P.S. Ramgarhwa, district Motihari, East Champaran .. Appellants Versus The State of Bihar .. Respondent **** For the Appellants .. Mr. Arbind Kr. Sharma, Adv. For the Respondent .. Mr. Parmeshwar Mehta, APP **** P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned counsel for the appellant and the State. 2. The appellants have been convicted under Sections 148 and 323 of the Penal Code and sentenced to undergo rigorous imprisonment for six months for offence under Section 148 of the Penal Code, but, not convicted for offence under Section 323 of the Penal Code. 2 3. The learned counsel for the appellants, however, contends that though the conviction recorded is under Sections 148 and 323 of the Penal Code, but, the benefit of Probation of Offenders Act or Section 360 of the Probation of Offenders Act has not been provided. However, from the perusal of the record, it appears that the occurrence took place with regard to the demolition of Nad and khuta from gairmazrua land. The occurrence is of the year 1990 and the parties have suffered a lot and, hence, the ends of justice shall meet by sentencing the appellants for the period already undergone as the appellants have remained in jail after conviction on 19.04.1999 till the bail was granted. 4. The appeal is dismissed with modification in sentence. ( Gopal Prasad, J. ) The Patna High Court, The 23rd day of December 2011, N.A.F.R., S.A.