Kaptan Singh and Others vs State of M.P.

S. Samvatsar, J.

Appellants by Shri Sanjay Bahirani, Advocate. Respondent/State by Shri D. S. Chouhan, Advocate.

Appellants have preferred this appeal against the judgment dated 12-8-2005 passed by the Third Additional Sessions Judge, Gwalior in Sessions Trial No. 343/2004 whereby the appellants have been convicted under sections 323/34, Indian Penal Code for one year''s R.I. with fine of Rs. 500/- each and under sections 324/34, Indian Penal Code for three years R.I. with fine of Rs. 1000/- each.

During the course of arguments, learned counsel for the appellants has contended that the Sessions Court has committed an error in not giving the benefit of probation under the Probation of Offenders Act. In para 28 of the impugned judgment, the Sessions Court has given a finding that this is the first offence by the appellants and there is no history against them. Considering this fact, I hold that appellants are entitled to the benefit of section 4 of the Probation of Offenders Act. Learned counsel for the appellants does not challenge so far as conviction of the appellants is concerned. But his challenge is as to the sentence awarded by the trial Court. Thus, the conviction of the appellants under sections 323/34 and 324/34, Indian Penal Code is hereby confirmed.

So far as sentence is concerned, the appellants have suffered mental Jagony of this case for about three years. They have already suffered imprisonment of twenty days, twenty four days and five days respectively. Considering these facts, sentence of the appellants is reduced to the sentence already undergone by them by giving the benefit of probation. They are directed to furnish bond of Rs. 10,000/- each for maintaining good conduct within a period of one month from today.

Accordingly, appeal stands disposed of. Bail bonds and sureties of the appellants stand discharged.