RAKESH SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of present Criminal Appeal, convictsappellants have challenged the impugned judgment and order dated 05.12.003, whereby the accused -appellants Rakesh Singh, Chandra Veer Singh, Sohan Singh, Sudama Singh and Hukum Singh were convicted of the offences punishable under Section 324 and 147 of IPC and were directed to undergo rigorous imprisonment for six months along with fine of Rs. 3000/ - each, for the offence under Section 147 IPC and one year's rigorous imprisonment along with fine of Rs. 5000/ - each, for the offence punishable under Section 324 IPC. Aggrieved against their conviction and sentences, present Criminal Appeal was preferred the appellants.

(2.) LEARNED counsel for the appellants submitted at the very outset that he has nothing to say on the merits of the case. He prayed that the accused -appellants are not previous convicts, therefore, they should be granted benefit of Section 4 of the Probation of Offenders Act, 1958. Learned counsel for the State is not averse to the idea of granting benefit of Reformatory -law to the appellants, in the absence of there being anything against them in the past.

(3.) IN view of the above submission of learned counsel for the appellants, the conviction of the appellants as regards the offences complained of against them (Sections 147 and 324 of IPC) is affirmed. Otherwise also, on the basis of evidence on record, there appears to be no reason to interfere with the findings (of conviction) arrived at by the Trial Court.