MUNSHI Vs. STATE OF U P

JUDGEMENT

(1.) The applicants, Munshi, Man Singh, Jamuna and Sanwaliya, were convicted vide order dated 3-6-85 passed by the Judicial Magistrate (Special Court No.3) Rampur for offence under Sections 323/34 and 324/34 of the Indian Penal Code under Section 323/34 of Indian Penal Code. All the applicants were sentenced to a fine of Rs. 100/- each but under Section 323/34 of the Indian Penal Code the applicant No.1 (Munshi) and applicant No.4 (Sanwaliya) were convicted and sentenced to undergo rigorous imprisonment for a period of 6 months. The applicants were also required to undergo 15 days R.I. on default of the payment of the fine. Against this order, the applicants preferred an appeal numbered as Criminal appeal No. 83 of 1985, which was dismissed by the Sessions Judge Rampur on 14-1-1986 and the present revision is outcome of the aforesaid conviction and sentence.

(2.) The revision was admitted by this court on 27-1-1986 only on the question of sentence, but the applicants were required to deposit the fine imposed on them, Accordingly the matter for consideration of question of sentence remains only in respect of the applicant No.1 Munshi and applicant No.4 Sanwaliya. Since the revision is admitted only on the question of sentence, it is not necessary to go into details and merit of the case.

(3.) Heard learned Counsel for the applicants, Sri Manzarul Islam and learned Counsel for the State learned counsel for the applicants submitted that the courts below have not only acted illegally but have failed to discharge the statutory obligation by not allowing the applicants the benefit of beneficial legislation i.e. U.P. probation of First Offenders Act. 1938 and the Trial Court has not recorded any reasons for not granting benefit inspite of the entitlement of the applicants.