BASHIRUDIN Vs. STATE

JUDGEMENT

(1.) Bashir-ud Din and Saleman have approached this Court on revision and have challenged their conviction and sentence under section 224, 332 and 379. I. P. C. and under section 332, I. P. C respectively imposed on appeal by the learned Additional Sessions Judge, Delhi.

(2.) The learned Sub-Divisional Magistrate, before whom five accused were standing trial, and the charge I. P. C., dropped tlie charge under section 148, I. P. C., and indeed this was done on the concession made by the prosecuting Sub-Inspector. The learned Magistrate convicted Bashir ud-Din under sections 147/149/332/379/224. I. P. C. and Ikram, Suleman and Shaukat under sections 147/149/332 I. P. C. and Moor Jahan under section 149/332 I. P. C. Noor Jahan was given a benefit of section 4 of the Probation of Offenders Act and was required to furnish security (personal bond) of Rs. 1,000.00 with one surety in the like amount for being of good behaviour for a period of one year, and in default, to undergo rigorous imprisonment for one year.

(3.) On appeal by Bashir-ud Din Suleman and Shaukat, the learned Additional Sessions Judge acquitted Shaukat, but maintained the conviction and sentence of Bashir-ud-Din and Suleman. The offence under sections 147/149, I. P. C., was held not to be made out.