Chandrachud, C. J. - (1.) In both these appeals special leave was granted limited to the question of nature of offence and sentence.
(2.) The learned First Addl. Sessions Judge, Bhopal in Sessions Trial No. 163/74, convicted appellant Bhupendra Singh (original accused 1) for having committed an offence under Section 324, I. P. C. and appellants in the connected Criminal Appeal (original accused 2-5) were convicted in the same trial for having committed an offence under S. 324 read with S. 149, I. P. C. On the question of sentence the learned trial Judge observed that all the accused persons belonged to age group of 19-20 years and at the time of the offence they were studying in a college. After taking into consideration the circumstances attendant upon the commission of the offence the learned Judge came to the conclusion that this was a fit case in which the benefit of the provisions of Probation of Offenders Act should be given to the accused with the condition that accused Bhupendra Singh should pay Rs. 250/- to injured P. W. 4 Subhash Sharma and Rs. 200/- to injured P. W. 1 Arun Sharma as and by way of compensation. A further direction was given that the remaining accused shall pay a flat sum of Rs. 100/- each by way of compensation to be shared equally by both the injured witnesses. It may be mentioned that all these accused were acquitted of the charge under S. 307 and S. 307 read with S. 149, I. P. C.
(3.) The State of Madhya Pradesh feeling aggrieved by the order of acquittal for the offence under S. 307 and S. 307 read with S. 149, I. P. C., preferred Criminal Appeal No. 430/75 to the High Court of Madhya Pradesh at Jabalpur. The High Court allowed the appeal and convicted the accused Bhupendra Singh for having committed an offence under S. 307, I. P. C. and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. The High Court also allowed the appeal against rest of the accused and convicted each one of them under S. 307 read with S. 149, I. P. C. and sentenced them to suffer imprisonment till the rising of the Court and a fine of Rs. 2,000/- each. A direction was given that if the fine was realised an amount of Rs. 3,000/- be paid as compensation to injured P. W. 4 Subhash Sharma and Rs. 2,000/- to injured P. W. 1 Arun Sharma.;