SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 18.9.1989 passed by Sessions Judge, Bharatpur in Sessions Case No. 82/88, whereby the learned trial court convicted the appellants for the offence under Section 308/34 IPC and sentenced them to undergo five years' RI with a fine of Rs. 1000/-; in default of payment of fine, to further undergo six months' RI.

(2.) At the very out-set, 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 occurrence took place on 7.2.1988 i.e. about 25 years ago from today; the appellants are having marriagable children; they belong to a respectable family; they are not the previously convicted accused persons; and they remained in custody for about 13 days, 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 here-in-above.

(3.) Learned PP appearing for the State has opposed the same.