Gopal Prasad, J.

1. Heard learned counsel for the appellant and learned counsel for the State.

2. The appellant has been convicted for offence under Section 324 I.P.C. and has been sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 250/- and in default to undergo rigorous imprisonment for one month.

3. Learned counsel for the appellant however contends that, though, appellant is first offender but benefit under Section 360 Cr.P.C. has not been given.

4. However, the appellant remained in jail for four months during investigation and occurrence is of the year 1989 and appellant has suffer a lot during the pendency of the appeal.

5. Having regard to the facts and circumstances, interest of justice shall meet by sentencing the appellant for the period already undergone. Hence with this modification of sentence, this appeal is dismissed.