LAWS(RAJ)-2018-9-207

BIRBAL MEENA Vs. STATE OF RAJASTHAN

Decided On September 10, 2018
Birbal Meena Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Appellants have preferred this appeal aggrieve by judgment and order dtd. 14/6/2018 passed by Additional Sessions Judi, Sawaimadhopur, Rajasthan, whereby the Court below has convicted the appellants for offence under Ss. 341, 323/34, 324/34 and 325/34 of I.P.C. be instead of sentencing them, has given benefit of probation to the appellai and has imposed a cost of Rs.20,000.00 per appellant, under Sec. 5 of the Probation of Offenders Act, 1958.

(2.) It is contended by counsel for the appellants that under Sec. 11 the Probation of Offenders Act, 1958, appeal lies to the High Court and Hi Court is empowered to reduce the cost imposed by the Court below.

(3.) It is also contended that there was a cross case and in the cross can also the Court has imposed a cost against the complainant party. It is air contended that on merits, appellants have a very good case.