JUDGEMENT GOPAL PRASAD, J. 1. Nobody appears on behalf of the appellants. Mr. Arun Kumar Tripathi, Advocate is appointed as amicus curiae to assist this Court. 2. Heard learned amicus curiae and learned counsel for the State. 3. The appellants have been convicted under Sections 323, 147 and 148 of the Indian Penal Code and sentenced to undergo simple imprisonment for three months for the offence under Sections 323 and 147 of the Indian Penal Code and six months for the offence under Section 148 of the Indian Penal Code. 4. The occurrence is of the year 1988 and the benefit of Section 3 and 4 of the Probation of Offenders Act has not been granted to the appellants. I give the benefit of Section 3 and 4 of the Probation of Offenders Act and hence they are ordered to be released on due admonition hence, the appeal is dismissed with modification in sentence. 5. Mr. Arun Kumar Tripathi, shall be supplied a copy of this judgment and he shall be entitled for the fee of hearing payable by High Court Legal Services Committee, Patna.