STATE OF UTTARAKHAND Vs. SOM

JUDGEMENT

(1.) Present Government Appeal has been filed under Sec. 377 of the Code of Criminal Procedure, 1973 on the ground of inadequate sentence dtd. 8/5/2008, passed by learned Additional Sessions Judge/ Ist Fast Track Court, Haridwar in Sessions Trial No. 71 of 2004, 'State vs. Som and Another', whereby, benefit of probation under Sec. 4 of the Probation of Offenders Act, 1958 (for short, 'Act, 1958') for a period of two years has been granted.

(2.) Respondent-accused- Som was convicted for the offence punishable under Sec. 323 of the Indian Penal Code, 1860 (for short, 'IPC'), under Sec. 325 IPC and Sec. 427 IPC.

(3.) Heard Mr. S.S. Adhikari, learned Deputy Advocate General along with Mrs. Shivangi Gangwar, learned Brief Holder for the appellant and Mr. Nagesh Aggarwal, learned counsel for the respondent.