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2018 DIGILAW 310 (PAT)

Jalendra Singh @ Jalendar Singh, son of Late Bishundeo Singh v. State of Bihar

2018-02-15

ADITYA KUMAR TRIVEDI

body2018
JUDGMENT : Heard learned counsel for the appellants as well as learned Additional Public Prosecutor. 2. Learned counsel for the appellants has submitted that the occurrence is of the Year 2009. It has also been submitted that from the evidence of the PWs, it is evident that both the parties are Pattidars and the germane of instant occurrence as admitted by the prosecution witnesses, happens to be partition. Furthermore, it has also been submitted that appellants have got no criminal antecedent. In the aforesaid background, it has been submitted that the sentence so inflicted by the learned lower Court happens to be completely unwarranted in the background of the fact that only Jalendra Singh @ Jalendar Singh and Amendra Singh @ Amrendra Kumar Singh have been arrayed as an assailant though with some sort of inconsistency as per finding recorded by the Dr. Kumar Mahendra Pratap (PW-7). So, it has been submitted on behalf of learned counsel for the appellants that the appellants be given privilege of Probation of Offenders Act. 3. Learned Additional Public Prosecutor also endorsed the view as shown by the learned counsel for the appellants and submitted that from the evidence of witnesses, more particularly the informant himself (examination-in-chief) that both the parties carry on land dispute. 4. That being so, forbidding myself to enter into in depth scrutiny of the material available on the record, maintaining the conviction recorded by the learned lower Court under Sections 341/ 34, 323/34 and 325/34 of the I.P.C., the sentences having recorded therefor, is hereby erased and is substituted directing each of the appellants to execute bond of Rs. Five Thousand (Rs.5,000/-) with one surety to be effected for a year. During midst thereof, to maintain peace and harmony otherwise, will present themselves before the Court to suffer the sentence, within four weeks as provided under Section 4 of the Probation of Offenders Act and during midst thereof, the bail being enjoyed by the appellants confirmed by this Court is hereby extended, failing which the learned lower Court will be at liberty to proceed against them in accordance with law as, the sentence being inflicted, will replace the same. 5. In terms of aforesaid finding, instant appeal is disposed of.