RAI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been received from the Allahabad High Court after creation of State of Uttarakhand.

(2.) Mr. Lokendra Dobhal, learned counsel for the revisionist confined his argument only on the point that if revisionist nos. 5 to 8 were released on probation same benefit ought to have been extended to other revisionists also. He stated that other revisionist do not have any criminal history. He stated that all the accused / revisionists are initially convicted for the same offence under sections 147, 148, 149, 324 IPC and on the basis of same evidence which was produced during the trial.

(3.) Mr. Prabhakar Joshi, learned Brief Holder appearing for the State of Uttarakhand fairly admitted that benefit of probation ought to have been extended to other revisionists also. According to him there is no difference in facts and circumstances or grounds for denial of the same benefit to the other revisionists. He further submitted that all the accused are from one and same family.