JALENDRA SINGH @ JALENDAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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.