BHAGWAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the appellants against the judgment dated 19 -9 -1989 passed by Sessions Judge, Alwar in Sessions Case No. 74/1987 whereby the learned trial Court convicted and sentenced the appellants as under:

(2.) AGAINST the said judgment dated 19 -9 -1989, this appeal had been preferred by the accused appellants.

(3.) SO far as the appeal filed on behalf of accused appellants Bhagwan, Kaluram and Ramhet is concerned, learned counsel for the appellants has contended that he is not challenging the conviction part of the judgment of the court below, but he is only requesting to this Court that looking to the fact that matter is related to 26 years' ago from today; they are not the habitual offenders; they belong to a respectable family; the accused appellant Bhagwan has remained in confinement for about 1 year, 6 months and 14 days; accused appellant Kaluram has remained in confinement for about 1 years; 10 months and 25 days; and accused appellant Ramhet has remained in confinement for about 9 months and 28 days, they are basically farmers and they are in olden days of their life, hence either they should be given the benefit of probation and if not, then they should be released for the period already undergone by them in confinement, as indicated hereinabove.