(1.) Appellants Shashi Bhushan and Rosban Lal both brothers were convicted under Sections 452 and 323, Indian Penal Code, by the Additional Sessions Judge, Delhi but instead of sentencing them to undergo imprisonment, benefit of Section 360 Criminal Procedure Code, was extended to them and they were ordered to be released on their furnishing a bond in the sum of Rs. 3.000.00 each with one surety in the like amount for a period of six months undartaking to appear and receive sentence if called upon to do so by the Court and also undertaking to keep peace and be of good behaviour. The prosecution's case in respect of the other two accused who were also put on trial namely Madan and Manmohan was not believed.
(2.) The case is on my board at Item No. I today. Unfortunately, the learned counsel for the appellants failed to put in his appearance. 1. have heard Sodhi Teja Singh and has fairly taken me through the record.
(3.) The facts of the prosecution case are that on 1-4-1973 at about 1045, the appellants along with Madan and Manmoban entered the premises of Virender Kumar armed with lathies and after entering the premises they inflicted bleeding injuries on his person.