STATE Vs. SANTHOSH; SUBRAMANI; JAYALAKSHMI AND ORS

JUDGEMENT

(1.) This is an appeal filed by the State under Section 377 Cr.P.C. read with Section 11(2) of Probation of Offenders Act (hereinafter called as 'PO Act' for short) challenging the order passed by the learned Addl. CMM extending the benefit of Sections 3 and 4 of PO Act to respondents who were convicted for the charge under Sections 323 and 324 IPC.

(2.) The facts reveal that the child of complainant went to the toilet of accused and in this context, there was a quarrel between the complainant and the accused. At that time, prosecution alleges that injured was beaten and was assaulted with a stone. After the trial, the Court below convicted the respondents for the charge under Sections 323 and 324 IPC.

(3.) Learned High Court Government Pleader submits that the appeal is pending before the Sessions Court against the order of acquittal for the charge under Section 326 IPC. It is also his submission that the order of granting probation is improper and illegal.