KURDA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Mohammad Shariff and Nawab Ali faced trial in Sessions Case No. 57/2002 arising out of FIR No. 254/1999 registered with Sadar Jhunjhunu Police Station for offences under Sec. 450, 307 and 323/34 IPC. By the impugned judgment dtd. 8/8/2003, the learned trial Judge acquitted the appellants of the charges under Sec. 307, 307/34 and 450 IPC, however convicted them for offence under Sec. 325 IPC and sentenced to undergo Rigorous Imprisonment of three years along with fine of Rs.2,000.00 and in default of payment of fine two months imprisonment. The appellants were convicted for offence under Sec. 451 IPC and sentenced to six months imprisonment along with fine of Rs.200.00 and in default of payment of fine, 7 days imprisonment was ordered.

(2.) In Criminal Appeal No. 1244/2003, the appellants have challenged the judgment of conviction especially have questioned the correctness of sentence on the ground that there was no previous conviction of the appellants, hence they should have been allowed the benefit of Probation of Offenders Act unless the trial court records special reason for not treating the appellants under the aforesaid Act.

(3.) In Criminal Revision Petition No. 1345/2003 (supra), the informant of the case has challenged acquittal of the appellants under Sec. 307, 307/34 and 450 IPC.