KAKA AND ANOTHER Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) KAKA son of Banta Ram and Buta son of Rachhpal, aged 17 and 18 years respectively, have filed this appeal against their conviction under section 304, Part II, read with section 34, Indian Penal Code, and sentence of eight year's rigorous imprisonment each, passed by the learned Sessions Judge, Ludhiana per his judgment dated list August, 1972. Banta Ram father of Kaka appellant was also tried under section 302 read with section 34, Indian Penal Code, but he was given the benefit of doubt and acquitted by the learned Sessions Judge, Ludhiana.

(2.) ALL the accused, when examined under section 342, Criminal Procedure Code, denied the prosecution allegations against them and pleaded innocence. They further stated that the eye -witnesses were interested persons who had deposed falsely against them on account of misguided suspicion and that they never committed the crime.

(3.) ACCORDINGLY , I uphold the conviction of Kaka and Buta appellants but instead of sentencing them to imprisonment, release them on probation of good conduct on their entering into a bond in the sum of Rs. 2,000/ - each with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Ludhiana, to appear and receive sentence when called upon, for a period of three years, and in the meantime to keep the peace and be of good behaviour. Except with this modification, the appeal fails and is hereby dismissed The appellants are on bail and they need not surrender to their bail -bonds.