IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.766 of 2008 DEONANDAN MAHTO & ORS Versus THE STATE OF BIHAR ----------- 2. 5.8.2008 This revision application has been preferred against the judgment dated 1.7.2008 passed by Additional Sessions Judge, Fast Track Court No.-III, West Champaran, Bettiah in Cr.Appeal No.43 of 2003 whereby the order of conviction and sentence dated 22nd August, 2003 passed by Sri Ratan Kumar, Judicial Magistrate, 2nd Class, West Champran, Bettiah, in Trial No.601 of 2003, has been affirmed. The learned Magistrate has convicted all the petitioners under section 147 of the Indian Penal Code and sentenced them to undergo simple imprisonment for two months. Petitioners no.1 and 2, namely, Deonandan Mahto and Singhasan Mahto, have further been convicted under section 323 of the Indian Penal Code and have been sentenced to undergo simple imprisonment for three months. Both the sentences have been directed to run concurrently. Heard learned counsel for the petitioner as well as the State. Learned counsel for the appellants does not dispute the order of conviction. The only submission of the learned counsel for the petitioners is that the court below ought to have released the petitioners under the provisions of Probation of Offenders Act as the petitioners have no criminal antecedent. It is further submitted that all the petitioners and the victim are Gotias among themselves. The court below has not considered the mandatory provision of Probation of Offenders Act and has wrongly awarded sentence. 2 Considered the submissions of the learned counsel for the petitioners. Perused both the judgments. Having regard to the nature of accusation as well as facts and circumstances of the case, I am of the view that the offence being first, the petitioners should be given the benefit of Provision of Probation of Offenders Act. Accordingly, the sentence awarded to the petitioners under sections 147 of the Indian Penal Code and also further sentence awarded to the petitioner nos. 1 and 2, namely, Deonandan Mahto and Singhasan Mahto, under section 323 of the Indian Penal Code are modified. The petitioners, namely, 1.Deonandan Mahto, 2.Singhasan Mahto, 3.Baidyanath Mahto @ Baijnath Mahto, 4.Nanku Mahato and 5.Prahalad Mahto are directed to be released on executing probation bond of Rs.2,000/- (two thousand) each for a period of one year. The petitioners are directed to keep peace and be of good behaviour during the period of probation of bonds. The petitioners are directed to execute bonds within two weeks from the date of receipt/production of a copy of this order. In the result, the revision application is disposed of with the above modification in sentences. Let this order be communicated to the court below through fax at the cost of the petitioners. Md.S. (Ghanshyam Prasad)