- (1.) This appeal has been filed by the appellants against the judgment dated 3.4.1993 passed by Addl. Sessions Judge, Hindaun City, District Sawai Madhopur in Sessions Case No. 259/1992 (42/1991, whereby the appellant Rajan has been convicted for the offence under Section 324 IPC; while appellants Girraj, Teekaram, Bharat and Prem have been convicted for the offence under Section 323 IPC and sentenced as under: Appellant Rajan Convicted under Section 324 IPC and sentenced to undergo 9 month's RI Appellants Girraj, Teekaram, Bharat and Prem Convicted under Section 323 IPC and sentenced to undergo 6 months' RI
(2.) Brief facts of the case are as under: "On 30.10.1990, a complaint was filed in the court of Addl. Chief Judicial Magistrate, Hindaun for the offence under Sections 307, 326 IPC. The same was referred to the SHO, Police Station, Hindaun for investigation under Section 156(3) CrPC. After investigation, the police filed a challan before the court concerned and thereafter the case was transferred to the court of Addl. Sessions Judge, Hindaun City for trial. The trial court framed charges against the accused persons, who denied for the same and claimed for trial. Thereafter prosecution produced its witnesses and got exhibited some documents. The statement of the accused persons were recorded under Section 313 CrPC. After hearing both the sides, the learned trial court passed the judgment dated 3rd April, 1993 convicting and sentencing the accused appellants, as indicated above.
(3.) Without going into the merits of the case, learned counsel for the appellants has contended that he is not challenging the conviction part of the judgment of the court below, but he is only requesting to this Court that this matter pertains to the year 1990, which is about 24 years ago; they belong to a respectable family and having the marriageable children; it is the first offence of their life, they are not the habitual offenders, hence they should be released on probation. Learned PP has opposed the same.;