CHOUTHU AND BHANARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 8/8/1984 passed by Sessions Judge, Sikar convicting the appellants under section 325, I.P.C. and sentencing Chouthu to two years R.I. and a fine of Rs. 1000.00, in default to undergo 3 months R I. Under section 323 I.P.C. sentence to 6 months R.I. and a fine of Rs. SOD!-, in default of payment of fine to undergo 1 months R.I. Bhana Ram has been convicted under section 323, I.P.C. and sentenced to 6 months R.I and a fine of Rs. 500.00, in default of payment of fine to undergo one months R.I.

(2.) Both the accused, persons were challaned under sections 307, 323/34, I.P.C. After trial the learned Sessions Judge found Chouthu guilty under sections 325, and 323, I.P.C. and accused Bhana Ram under section 323, I.P.C. and sentenced them as mentioned above.

(3.) The learned counsel for the appellants did not argue on the merits of the case and prayed that the appellants be ordered to be released on probation as the incident had taken place on a very tivial matter. He has relied on 1979 S.C.C. (Cri.) 376 and also at page 817.