- (1.) THIS revision has been filed by the accused persons against the judgment and order dated 31-3-1999 passed by the trial Court and the order dated 5-5-1999 passed by the appellate Court convicting and sentencing the applicants in revision to undergo R.I. for one year each and to pay a fine of Rs. 500/- under S. 325 read with S. 34, IPC.
(2.) WHEN this revision came up for admission before this Court, the same was admitted only on the question of sentence by the order dated 8-6-1999. By the same order as far as the conviction of the applicants under S. 325 read with S. 34, IPC was concerned, this Court found no sufficient ground to interfere with the concurrent finding of facts recorded by the Courts below and this Court affirmed the order of conviction passed against the applicants in revision. Learned counsel for the applicants in revision argued before this Court that the order of sentence as recorded by the Court below is vitiated in law as there has been no compliance of the provisions of S. 248(2) of the CrPC inasmuch as no opportunity as contemplated under the said provision had been afforded to the applicants.
(3.) A perusal of the record indicates that neither in the trial Court nor before the appellate Court the applicants in revision were given any opportunity to adduce evidence or place on record material having a bearing on the question of sentence and the sentence was passed only on the basis of hearing oral submission.;