STATE OF GUJARAT Vs. CHANDUBHA SAMATSINH PARMAR

JUDGEMENT

(1.) THE present appeal, under Section-377 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of sentence dated 28/2/1996 passed by the learned Chief Metropolitan Magistrate, Ahmedabad City in Criminal Case No. 92 of 1991 whereby the respondents-accused were sentenced under Section-248 (2) of Cr. P. C. for the offences punishable under Section-326 and 114 of IPC. Looking to the age of 20 years, the accused no. 2 is ordered to be released by giving admonition and the accused no. 1 and 3 were given benefit of probation under the provisions of Probation of Offender's Act and released them on giving surety for good behaviour for Rs. 5,000/- for a period of one year. The Trial Court has acquitted the accused for the offences punishable under Section-135 of the Bombay Police Act.

(2.) THE brief facts of the prosecution case are as under:

(3.) LEARNED AGP Mr. R. C. Kodekar for the appellant-State has submitted that offence punishable under Section-326 of Indian Penal Code is also punishable with life imprisonment and therefore benefit under the provisions of Probation of Offender's Act which is granted by the Trial Court is contrary to law. He submitted that as offence under Section-326 read with Section-114 of IPC has been proved by the prosecution against all respondents and therefore benefit of Probation of Offenders Act cannot be given to respondents. He submitted that the nature of offence is serious one and injuries sustained by injured persons were also serious as dharias and sward were used in offence. Therefore, sentence imposed is not enough and same is required to be enhanced.