STATE OF U P Vs. SURJEET SINGH

JUDGEMENT

(1.) The accused-respondent-Surjeet Singh was convicted under Section 307, I.P.C. by judgment dated 30-8-1983 passed by Sri Mohi-Ul-Islam, the then VII Additional Sessions Judge, Bareilly in Sessions Trial No. 447 of 1981 for causing gun shot injuries to three children, namely, Dhanvant Singh, Sonu and Balwinder Oberoi who were on a rickshaw. The incident occurred on 13-11-1980 at about 8 a.m. in Mohalla Subhash Nagar near Khanna Building within P.S. Kotwali, District Bareilly. He was sentenced to undergo two years rigorous imprisonment but instead of sending him to jail, the trial Judge gave him the benefit of Section 4 read with Section 6 of the Probation of Offenders Act, 1958 and he was directed to enter into a personal bond of Rs. 2000/- and to furnish two sureties, each in the like amount to the satisfaction of the Court for keeping peace and be of good behaviour during a period of two years. He was to remain under the supervision of the District Probation Officer, Bareilly. The State, being aggrieved of this concession given to the accused-respondent, has preferred this appeal for enhancing the sentence awarded to him. This Government Appeal was admitted on the sole question whether the Sessions Judge was entitled to release the accused-respondent on probation after holding him guilty of the charge under Section 307, I.P.C., since the offence of Section 307, I.P.C. is punishable with sentence of life imprisonment. This is the limited question involved in this appeal.

(2.) We have heard Sri K. P. Shukla, learned A.G.A. for the appellant (State) and Sri Rajul Bhargava appointed as Amicus Curiae for the accused-respondent.

(3.) The reasoning adopted by the trial Judge for releasing the accused-respondent on probation was that he (accused) was less than 21 years of age.