Judgment

KHANNA, J.:- The short question which arises for determination in this appeal on certificate granted by Patna High Court is whether the appellant who was less then 21 years of age on the date of his conviction for an offence under Section 326 read with S. 149 Indian Penal Code, can claim the benefit of Section 6 of the Probation of Offenders Act, 1958 (Act No. 20 of 1958).

2. The appellant and five others, who belong to village Mandil in District Gaya, were tried in the court of Additional Sessions Judge Gaya for offences under Sections 147, 148, 307, 323 and 307 read with Section 149 Indian Penal Code and Section 25 of the Arms Act. Jugal Kishore appellant was convicted under S. 326 read with S. 149 and Section 148 Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of five years on the first count and rigorous imprisonment for a period of two years on the second count. The sentences awarded to the appellant were ordered to run concurrently. The other five accused were also convicted for various offences and were sentenced on those counts.

3. On appeal the Patna High Court as per judgment dated January 22, 1968 acquitted two of the accused. The