Criminal Appeal (SJ) No.167 of 1994
Against the judgment and order of conviction and sentence
dated 26. 04. 1994, passed by Shri Nand Kishore Narain
Sinha, 4th Additional Sessions Judge, Aurangabad, in
Sessions Trial No. 177 of 1990/86 of 1992
Rafique Ansari, son of Md. Sobrat Mian, resident of Village
Pawai, P.S. & District- Aurangabad.
.... .... Appellant.
Versus
1. The State Of Bihar
2. Manzoor Khan, S/o Kamruddin Khan.
R/o Village- Pawai, P.S. Aurangabad, District-Aurangabad.
.... .... Respondents.For the Appellant. : Mr. Krishna Pd. Singh, advocate.
Mr. Meena Singh, Advocate.
Mr. Rakesh Singh, Advocate.
For the Respondent
State : Mr. Sujit Kumar Singh, A.P.P.
PRESENT
THE HON’BLE MR. JUSTICE GOPAL PRASAD
Gopal Prasad, J. Heard learned counsel for the appellant and
learned counsel for the State.
2. The appellant has been convicted for offence
under Section 324 I.P.C. and has been sentenced to
undergo rigorous imprisonment for six months and a fine
of Rs. 250/- and in default to undergo rigorous
imprisonment for one month.
3. Learned counsel for the appellant however
contends that, though, appellant is first offender but
benefit under Section 360 Cr.P.C. has not been given.
2
4. However, the appellant remained in jail for
four months during investigation and occurrence is of the
year 1989 and appellant has suffer a lot during the
pendency of the appeal.
5. Having regard to the facts and circumstances,
interest of justice shall meet by sentencing the appellant
for the period already undergone. Hence with this
modification of sentence, this appeal is dismissed.
Patna High Court, ( Gopal Prasad, J.)
The 23rd August,2011.
NAFR/m.p.