Criminal Appeal (SJ) No. 301 of 1999
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Against the judgment of conviction and order of sentence dated 18.09.1999
respectively passed by Shri Gangadhar, learned Sessions Judge, Saharsa in Sessions
Case No. 67 of 1992.
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1. Ram Kishun Sah, S/o. Anandi Sah.
2. Bhubneshwar Sah.
3. Deo Narayan Sah.
Both appellant No. 2 and 3 sons of Late Tilak Sah, resident of village -
Bishunpur, P.O. and P.S. Sonebersa Kutchery, District - Saharsa.
.... .... Appellants.
Versus
1. The State Of Bihar.
2. Hari Lal Sah, S/O Late Ram Charitar Sah, resident of village - Bishunpur, P.O.
and P. S. - Sonebersa - Kutchery, District - Saharsa.
.... .... Respondents.
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Appearance :
For the Appellants : Mr. Chandra Shekhar, Sr. Advocate.
Mr. Nikunj Shekhar, Advocate.
For the Respondent : Mr. Sujit Kumar Singh, A.P.P.
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PRESENT
HON’BLE MR. JUSTICE GOPAL PRASAD
GOPAL PRASAD, J. Heard learned counsel for the appellants and learned counsel for the
State.
2. The appellants have been convicted under Section 323 of the Indian Penal Code
and sentenced to undergo rigorous imprisonment for four months.
3. The prosecution case, as alleged, is that while the complainant was returning after
purchase of fertilizer from the money he got as pension to the tune of Rs.6,000/- he was
intercepted and snatched the money and assaulted. However, a case was lodged under
Sections 379 and 307 of the Indian Penal Code and during the trial the charge was framed
but the learned Sessions Judge acquitted the appellants of the charge under Sections 379
and 307 of the Indian Penal Code. However, the trial court convicted the appellants for the
offence under Section 323 of the Indian Penal Code.
4. Learned counsel for the appellants, however, submits that the benefit of Section
2
360 Cr. P. C. has not been provided though the appellants have been acquitted under
Sections 379 and 307 of the Indian Penal Code and convicted for the offence under Section
323 of the Indian Penal Code.
5. However, having regard to the facts and circumstances that the occurrence is of the
year 1990 as the appellants have not been acquitted for the offence under 379 and 307 of
the Indian Penal Code and have only been convicted under Section 323 of the Indian Penal
Code. hence, he has suffered due to the protracted litigation and hence under the facts and
circumstances, the benefit of Section 360 Cr. P. C and Sections 3 and 4 of the Probation of
Offenders Act be provided and the appellants are acquitted on due admonition. Hence, the
appeal is dismissed with modification in sentence.
(Gopal Prasad, J.)
Patna High Court, Patna.
Dated, 15th November, 2011.
Kundan/N.A.F.R.
