DEO NARAYAN GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the judgment 22.9.2001, passed by the 1st Additional Sessions Judge, Hilsa (Nalanda) in Cr. Appeal No. 75 of 1999 confirming the judgment of the trial Court, passed by the S.D.J.M. Hilsa on 2.8.1999 in G.R. No. 1015 of 1995Tr. No. 675 of 1999. Both the revisionists were convicted by the trial Court under Sections 323 and 342 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for one month and three months respectively. The appellate Court acquitted the revisionist Deo Narayan Gope for the offence under Section 323, IPC, but maintained his conviction and sentence under Section 342, IPC. The revisionist No. 2 Mahendra Gope's, conviction and sentence awarded by the trial Court was maintained by the appellate Court as well.

(2.) THIS revision has been admitted on the point of sentence only. The revisionists lawyer submitted that both the Courts below did not given the benefit of Section 360 Cr.P.C. or the Probation of Offenders Act to the revisionists under Section 361 Cr.P.C. Special reasons have to be stated in the judgment if the Court does not extend, the benefit of the aforesaid provisions to the convicts. So the sentence passed by the Courts below was vitiated by illegality. I find that the trial Court stated in its judgment that the revisionists had assaulted the informant without any provocation. So he committed high handedness and so it did not permit the complaint to deserve any leniency from the Court.