BHUTWA @ SHEO BHAWAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal arises out of judgment and order dated 30.01.1986 passed by Sri S. B. Vaish, Addl. Sessions Judge, Karvi District Banda in S.T. No. 12 and 13 of 1985, whereby all the accused -appellant have been convicted under Section 147 IPC and sentenced to undergo one year R.I. and fine of Rs. 200/ - each, u/s 323/149 IPC and sentenced to undergo 6 -months' RI and fine of Rs. 100/ - and two years' RI and fine of Rs. 200/ - for the offence punishable u/s 325/149 IPC. However, benefit of Probation of Offenders Act was given accused -appellant no. 4, as he was aged about 20 -years on the date of incident. The sentences of all other accused -appellants was directed to run concurrently and in default of payment of fine different period of additional imprisonment was awarded.

(2.) ON 30.01.2015 during the course of argument, the Court has passed following order: -

(3.) IN order to appreciate the argument regarding quantum of sentence, it would be necessary to examine facts of the case and evidence adduced by the prosecution in support of the charges.