PRAMOD KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE two persons, i.e., Pramod Kumar and Babbushah were tried in Sessions Trial No. 93/84 by the Additional Sessions Judge, Chhatarpur. Accused Pramod Kumar was prosecuted under section 307 I.P.C. and sections 25 (1) (a) and 27 of the Arms Act in connection with causing injury on 23rd and 28th September, 1984 with the intention of causing death by firing Katta at Manendra Kumar, Nagaria, the complainant. Co -accused Babbushah was charged under section 307 with the aid of section 34 I.P.C. for involving in the offence dated 23.9.1984.

(2.) THE trial Court after considering the evidence on the record relieved Pramod Kumar, the appellant before this Court, from the liability of crime under section 307 I.P.C., sections 25 (1) (a) and 27 of the Arms Act but fastened him with the liability of crime under section 324 I.P.C. and sentenced him thereunder for two years R.I. The other co -accused Babbushah, who was charged under section 307 with the aid of S. 34 I.P.C., was found innocent and was accordingly acquitted by the Addl. Sessions Judge, Chhatarpur under the judgment and order dated 25.3.1988.

(3.) LOOKING to the facts and circumstances of the case, I am satisfied that it is a case where the appellant could be released on probation of good conduct. Accordingly, the sentence as imposed on the appellant, who is on bail, is suspended on the condition of his furnishing a bond to the tune of Rs. 10,000/(Rupees Ten Thousand) as well as recognizance bond before the C.J.M. Chhatarpur and for which purpose he shall appear before the C.J.M., Chhatarpur alongwith the certified copy of this judgment on 26th September, 1994 and until that date he shall continue to remain on bail. On 26th September, 1994 his bail -bonds shall stand cancelled and the sureties shall stand discharged. In the event of non -execution of the bond, this order shall stand automatically revoked and the appellant shall be called upon to serve out the sentence as has been imposed on him by the trial Court. The appellant on being released on probation, if found violating the conditions of the bond, disturbing the peace and exhibiting indecent behaviour shall be called upon to serve out the sentence as has been imposed on him by the trial Court.