SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a judgment dated 16.3.2000 by which the appellants were convicted under Sections 307/34, IPC and the order on sentence dated 19.8.2000 by which they were sentenced to undergo RI for 3 years each and pay a fine of Rs. 2,000/- each. In default of payment of fine, the defaulter was directed to undergo further SI for three months.

(2.) Learned Counsel for the appellants has not pressed this appeal on. merits but has confined his prayer to convert the offence from Sections 307/34, IPC to Sections 324/34, IPC and thereafter grant benefit of Section 4 of the Probation of Offenders Act to the appellants inasmuch as appellant Nos. 1 & 2 are Government servants and appellant No. 4 is more than 70 years of age. Appellant No. 3 Jai Kishan has expired during the pendency of the appeal.

(3.) I have heard learned Counsel for the appellants and learned Counsel for the State. I have gone through the records.