LAWS(SC)-2019-2-519

BYDYABHUSHAN PRASHAD Vs. STATE OF JHARKHAND

Decided On February 25, 2019
Bydyabhushan Prashad Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellants were convicted by the trial court for the offences punishable under Section 325 read with 34 IPC and were sentenced to suffer imprisonment for two years. In the appeal preferred by them, the High Court maintained the conviction but reduced their sentence to 9 months imprisonment and raised the fine by Rs.10,000/- in respect of each of the appellants.

(3.) It is a matter of record that in so far as the accused in cross case are concerned, benefit under the Probation of Offenders Act, 1958 was extended in favour of said accused. A similar plea was raised on behalf of the appellants for extension of benefit under the said Act. The Assistant Public Prosecutor had no objection to such benefit being extended. However, the Court had passed the order on 09.12.2003 imposing sentence as aforesaid.