SARVESH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these applications are of the same occurrence. Hence, both have been heard together and are being disposed off by this common order.

(2.) Heard Mr. Harendra Prasad Singh learned counsel appearing for the appellants as well as Mr. A.M.P. Mehta, learned Additional Public Prosecutor for the State and further Sri. Amrit Abhijat, learned counsel appearing for the petitioner, Sri Harendra prasad Singh, learned counsel appearing for the opposite party and Ms. Anita Kumari Singh, learned APP for the State.

(3.) This Criminal appeal has been preferred by the appellants against the judgment and order of conviction dtd. 5/6/2008 passed by Sri Om Prakash Sinha, Additional Sessions Judge-cum-F.T.C. No. 5, Gopalganj in Session Trial No. 26/2007 and 09 of 2007 arising out of Bishambharpur Police Station Case No. 55 of 2004, convicting the appellant Dilip Mishra and Ghyanshyam Mishra under Sec. 323 of the Indian Penal Code (for short the 'IPC') , appellant Ragho Mishra under Sec. 324 IPC, appellant Ragho Mishra, Dilip Mishra and Ghanshyam Mishra u/s 447 of the IPC and appellant Sarvesh Mishra convicted u/s 354 of the IPC. On the point of sentence, trial court instead of ordering them for imprisonment, giving them the benefit of Probation of Offenders Act, they have been released with a direction to execute Bonds of Rs.2,000.00 with two sureties for maintaining peace and tranquility for one year.