MANOJ KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Each of the appellant being aggrieved by the judgment dated 31-8-1999 passed in Special Case No. 64/97 by the learned Special Judge (Atrocities) Shahdol, convicting each of the appellant under Sec.323/34 IPC, and sentencing them to undergo sentence till rising of the Court and pay fine of Rs.1,000/-, in default of payment of fine to undergo further R.I. for six months, have filed this appeal.

(2.) Learned counsel for the appellants has not challenged the findings recorded by the learned trial Court but has confined his argument to the question of award of sentence and refusal to grant the benefit under Sec.6 of Probation of Offenders Act,1958. According to the learned counsel, the appellants are young boys and on the date of incident and even on the date of the judgment they were below 21 years of age, therefore, the trial Court was obliged to extend the benefit of the provisions of the Probation of Offenders Act.

(3.) Shri Dhande, learned counsel for the State submits that as the learned Court below has given proper reasons for not extending the benefit of the provisions of the Porbation of Offenders Act, there is no scope for any interference.