Criminal Appeal (SJ) No.258 of 1996 **** Against the judgment, dated 14.08.1996, passed by Sri Jai Kishore Narayan, Additional Sessions Judge, I, Saran, in S. Tr. No. 405 of 1988 **** Ram Kishun Mahto, son of Shiv Balam Mahto, resident of Bardahia, P.S. Marhora, district Saran .. Appellant Versus The State Of Bihar ..Respondent **** For the Appellant .. M/S Anil Jaiswal & Anjana Bhagat, Advs. For the Respondent ..Mr. P. Mehta, APP **** P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard the counsel for the appellant and the State. 2. The appellant has been convicted under Section 324 of the Penal Code and sentenced to undergo rigorous imprisonment for three years. 3. The learned counsel for the appellant, however, contends that the appellant and the informant are the full brother and whatever alleged is a case of family feud and both the parties were living in the same house and same courtyard, which is apparent from the evidence of P.W. 3, the informant, and, hence, has contended that though the charge has been framed under Section 307 of the Penal 2 Code, but, the conviction recorded under Section 324 of the Penal Code, but, the appellant has not been given the benefit of Sections 360 of the Criminal Procedure Code and 3 and 4 of the Prohibition of Offender Act. 4. Hence, having regard to the facts and circumstances that the parties are full brother and the injuries alleged are simple in nature and the parties are related by bloods, living in the same house in the same courtyard, hence, the appellant is entitled to the benefit of Sections 360 of the Criminal Procedure Code and 3 and 4 of the Prohibition of Offender Act. 5. The reason for not giving the benefit is seriousness is apparently contradictory in view of appellant exonerated from the charge of Section 307 of the Penal Code is have been converted under Section 324 of the Penal Code, hence, it is hereby ordered that the appellant be given the benefit of Prohibition of Offender Act and he is ordered to be released on furnishing bond of Rs.2,000/- (rupees two thousand) with security of like amount each for keeping peace and good behaviour for one year. 6. With these observations and directions, this appeal is disposed off. ( Gopal Prasad, J. ) The Patna High Court, The 30th day of June, 2011, N.A.F.R., S.A.