On appeal the Patna High Court as per judgment . a c January 22 1968 acquitted two of the accused. The convtction <>f the appe'Uant for offences under section 326 read with section 149 and 148 Indian Penal Code was maintained. The sentence of the a!)pel!ant for the offence under section 326 read with section 149 Indian Penal Code wa'! reduced from five years to three years. The sentence for the offence under section 148 ·Indian Penal Code D . was, however, maintained. The conviction. of the other three accused was maintained for som'=!' of the offences, and they were awarded sentences of impnsonmcnt on that count. After Ll-)e pronouncement of the judment by the High Court, an app!icatiot) was made on behalf o{ the appellant that his case be deal with under t.lJe Probation of Offeuders Act on the ground that hCJ was £ below 21 years of age at the time of his conviction bv the trial court. This application was reject by the High Court as per · order ated December 12, 196R . n the ground that the offence for wh1ch _the al)llant had been convicted wa'> tunic:l,able wi1 h imnric;onment for life, and as such. the provisions of Probation of Offenders Act could no be invoked in his case. On prayer made F by -the appellant, the Hih Court certified the case to be fit for appeal t~ th~ upreme Court a<~ it involved the question relating to the apohcab11lty of the Probation o£ Offend'!n Act. 1be appellant and his companions were tried on the allegation that on ~to!>er 14, 1964- at about 10 a.m., while Madho Saran was getun hiS field bearing No. 1678 ploughed bv hi3 vlouobman Raksva Mahto. the appellant and Rl!hu accused went there and G festtoned Madho Sran for cuttin th~ ridge between field No. M 78 and 1719. F1eld No. 1719 belonged to the avpe'lant ho Saran went to his house and narratd the incident to biJ Qtb her adho Saran. Madho Saran and Sadho Saran aton ith ba ers entheycame out of thdr house and while they were near a m 0 accusa;J who were accompanied bv aboUt 30rrage, h person of theJr villue. One of the accused namelv Hira La!. S0 was arm with. a ~n. fired a shot as a ult of whlch SadbO aran wa! h1t on bl! h'!ad. Sadho Saran feU down wher .
