STATE OF RAJASTHAN Vs. CHAUTHNATH AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 28.5.1991 passed by the learned Judicial Magistrate, 1st Class Taranagar, District Churu by which he acquitted the accused respondents Madannath, Narainnath and Vednath for the offence under section 325/34, 326/34, 324/34, 323/34 and 341 Penal Code and convicted the accused respondent no.1 Chauthnath for the offence under section 324 and 323 IPC, but instead of sentencing him for the said offences, he gave benefit of probation under section 4 of the Probation of Offenders Act, 1958.

(2.) It arises in the following circumstances :

(3.) In this appeal, the following submissions have been made by the learned Public Prosecutor for the appellant: