- (1.) B. K. Sharma, J. This is an appeal against the judgment and order dated 20-3-1987 passed by Sri Ravindra Nath Mish-ra, the then VI Additional Sessions Judge, Azamgarh in S. T. No. 620 of 1983 whereby he convicted the accused appellant Abdul Kalam of the offence under Section 324, I. P. C. and sentenced him to under go R. I. for a period of 2 years and convicted Nisar Ahmad and Khaliq accused-appellants of the offence under Section 324/34, I. P. C. and sentenced each one of them to suffer R. I. for a period of 1 year.
(2.) THE learned counsel for the ac cused-appellants has not challenged their conviction for the offences aforesaid. He has confined himself to the question of sentence. He has made two alternative prays in this regard, one prayer is for grant of benefit under the Probation Act and the other is to reduce the sentence of im prisonment to the period of imprisonment already under gone by the accused appellants and to impose the fine in lieu thereof. THEre is no particular opposition from the learned A. G. A. on the subject. Considering the date of occurrence which is of 24-11-1979, the fact that there is no indication of any further incidents be tween the parties and also that no adverse antecedents of the accused- appellants have been pointed out from the side of State and keeping in view the facts and circumstances of this case in which offence was committed and also considering their age, the prayer regarding benefit of proba tion under Section 4 (1) of the U. P. First Offenders' Probation Act, 1938 is accepted to. All the three accused-appellants are in custody before this Court having been ar rested under orders of this Court for their non-appearance on the date of hearing of this appeal. The appeal is consequently partly allowed. The conviction of the accused-ap pellant Abdul Kaiam for the offence under Section 324, I. P. C. and of Nisar Ahmad and Khaliq accused appellants for the offence under Section 324/34, I. P. C. is maintained. However it is directed that in case the accused-appellant Abdul Kalam furnishes a personal bond and two sureties in the like amount to the satisfaction of the learned Additional Sessions Judge, concerned to appear and receive sentence when called upon to do so by the Addl. Sessions Judge concerned within a period of 2 years from the date of execution and acceptance of the bonds and in the meantime to keep the peace and be of good behaviour, he shall be released from custody. It is further directed that on Nisar Ahmad and Khaliq accused-appellants, each furnishing a per sonal bonds and two sureties each in the like amount to the satisfaction of the learned Additional Sessions Judge con cerned to appear and receive sentence when called upon to do so by the Addl. Sessions Judge concerned within a period of one year from the date of execution and acceptance of the bonds and in the mean time to keep the peace and be of good behaviour, they shall be released from cus tody. The accused-appellants who are in custody before this Court shall be sent immediately to the District Jail, Azamgarh and lodged there pending the furnishing of the bonds and the acceptance thereof as ordered above.
(3.) LET a copy of this judgment be given to the learned counsel for the ac cused-appellants within 24 hours on pay ment of usual copying charges. A copy of this judgment shall also be sent by the office to the learned Addi tional Sessions Judge concerned immedi ately for information and compliance. Appeal partly allowed. .;