STATE OF ASSAM Vs. CHENIRAM SAIKIA

JUDGEMENT

(1.) BY this judgment and order we propose to dispose of the Criminal appeal No. 20/ 85 filed by the State of Assam against the judgment dated 20.2.1985 passed by the learned Sessions Judge, North Lakhimpur in Sessions Case No. 16 (NL)/84. It may be stated that by the impugned judgment and order the learned Sessions Judge found two accused persons; who are opposite parties, guilty under Section 325/34 IPC. However, considering that the accused persons are young and acted on a sudden provocation and there was no previous conviction the learned court by invoking section 360 Cr.P.C.released the accused persons on entering a bond of Rs. 3,000/ - each with one surety for a period of 3 years for the purpose of maintaining peace and good behaviour.

(2.) THOUGH appeal has been filed on the assumption that it was a judgment of acquittal, Mr. J. Singh, learned PP has rightly pointed out that as the accused persons were convicted the present appeal has to be converted to an appeal under Section 377 Cr.P.C. and need not be treated as an appeal under Section 378 Cr.P.C. Without going into the question whether legally it is possible or not, we allow the prayer of the learned PP and treat this as an appeal under Section 377 Cr.P.C. So the question in this appeal is regarding the quantum of sentence.

(3.) TWO interesting points have been raised by Mr. J. Singh, learned PP namely the learned Sessions Judge ought to have awarded a sentence and thereafter release the accused persons on probation and secondly in view of the provision of Section 19 of the Probation of Offenders Act, 1958 (for short the Act), section 360 Cr.P.C. is not applicable.