MUNNI AND OTHERS Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants-accused Munni and others against the judgment and order dated 25.1.1989 passed by the Trial Court/Special Judge (E.C. Act), Budaun in Sessions Trial No. 154 of 1986 (State vs. Munni Lal and others).

(2.) By means of impugned judgment and order, Trial Court has convicted the appellant-accused Munni for the offence under Section-148 IPC and sentenced him to undergo rigorous imprisonment for a term of two years. The Trial Court has further convicted aforesaid appellant-accused for the offence under Section-324 IPC and sentenced him to pay a fine of Rs.500 with default sentence of six months imprisonment. Trial Court has convicted the appellants-accused Ram Bahadur, Ram Mohan, Lala Ram, Jamuna, Mangli, Om Prakash, Omkar and Pooran for the offence under Section-147 IPC and sentence each of them to undergo rigorous imprisonment for a term of one year. Trial Court has further convicted the aforesaid appellants-accused for the offence under Section-324 read with Section-149 IPC and sentenced each of them to pay a fine of Rs.250/- with a default sentence of three months imprisonment.

(3.) Trial Court has directed that out of the fine realised Rs. 1,000/- shall be paid to injured Ram Lal. Trial Court has also directed that sentence awarded against the accused persons shall remain suspended for the time being and instead of sentencing at once by sending them to Jail to undergo imprisonment imposed on them, accused persons shall be released on probation for the period they have been sentenced, provided accused Munni shall furnishes personal bond of Rs.5,000/- and one surety in the like amount, similarly other accused namely Ram Bahadur, Ram Mohan, Lala Ram, Jamuna, Mangli, Om Prakash, Omkar and Pooran shall furnishes a personal bond of Rs.3,000/- and one surety in the like amount. The accused persons were further directed by the Trial Court to keep good behaviour for the aforesaid period and in case they are found involved in any illegal criminal act, they shall be called for to serve out the sentences imposed on them.