STATE OF HP Vs. ASHWINI KUMAR

JUDGEMENT

(1.) By means of this appeal, the State has laid the challenge to the sentence imposed by the learned Sessions Judge, Sirmaur District at Nahan, H.P., upon the respondents-accused after holding the accused guilty of having committed the offences punishable under Sections 307 and 324 read with Section 149, IPC. The learned trial Court did not sentence the accused to undergo imprisonment, and instead granted them probation.

(2.) The learned trial Court passed the following order:

(3.) The State has laid challenge to this order. Firstly, it is contended that the learned trial Court erred in extending the benefits of both Section 360, Code of Criminal Procedure and Section 4 of the Probation of Offenders Act. Secondly, it is contended that without calling for the report of the Probation Officer, no benefit under the Probation of Offenders Act could have been granted to the accused. On going through the aforesaid portion of the order, we find that the same is wholly illegal and shows total lack of application of mind by the learned trial Court. The learned trial Court, found the accused guilty of having caused hurt to Rakesh Kumar and also having committed an offence of attempt to murder.