BHAGIRATH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 30-9-1983 passed by the Addl. Sessions Judge Gangapur City whereby appellants (Bhagirath, Kanhaiya and Babu) have been convicted under Sec. 325 and 323 with aid of Sec. 34 Penal Code and they have been sentenced to undergo rigorous imprisonments as stated therein.

(2.) At the very out set, the learned counsel for the appellants submit that he does not want to assail the finding of the learned trial Court on the point of conviction and same with that while maintaining the conviction of the appellants they may be released on probation because the learned trial Court nowhere considered the point as to whether the appellants could be given the benefit of the Probation of Offenders Act or not, when looking to the antecedents and character of the appellants they were entitled to be released on probation. The learned Public Prosecutor submits that in case the appellants are given the benefit of the Probation of Offenders Act he has no objection.

(3.) I have considered the points raised before me and gone through the entire record. In view of the fact that in this instant case the injured sustained one grievous injury and the injury is proved to have been caused with the common intention of the accused persons. There is a consistent evidence of the prosecution on this point, so I find no ground to interfere in the finding that the appellants are guilty for the offence under Sec. 325 read with Sec. 34 IPC. In these circumstances the conviction of the appellants is maintained.