IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.174 of 2009 ANWARUL HODA & ORS Versus THE STATE OF BIHAR ----------- 02. 05.03.2009 The present appeal has been preferred under Section 11 of the Probation of Offenders Act 1958 by the four appellants. From the impugned judgment under appeal, it appears that both the parties had dispute over possession of a piece of land. Paragraph no.18 of the judgment shows that accused had led claim of title and possession based on few documents some of which have been exhibited. Learned trial court on the basis of the evidence available on record convicted the present appellants under Sections 324,149,323 of the Penal Code and released them under Section 11 of the Probation of Offenders Act. Learned counsel for the appellants criticized the judgment and submits that materials on record are deficient to warrant conviction of the appellants. This court, however, on perusal of the judgment finds that there is adequate evidence on record to sustain the judgment and order of conviction and as such no case for interference is made out. Noticing the facts that parties fought over possession of a piece of land for which both of them have some documents of title and possession this court only observes that such conviction of the appellants and their release under the provisions of Probation of Offenders Act shall not incur any disqualification in 2 terms of Section 12 of the Probation of Offenders Act. With the aforesaid observation the present appeal stands disposed of. Sym ( Kishore K. Mandal, J.)