1981 (11) TMI 197

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..... nd after convicting Banwari and Barjor Singh in this case under Sections 307 and 324 of the Indian Penal Code, he has given them benefit under Section 4 of the U. P. First Offenders Probation Act and has ordered that they may be released on furnishing bonds. 2. The learned Sessions Judge of Farrukhabad on coming to know of this decision felt that it was wholly illegal because in a case under Se .....

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..... d the counsel for the parties on the sentence, which should be awarded and after hearing them, he gave the convict accused Banwari and Barjor Singh benefit under Section 4 of the U. P. First Offenders Probation Act. This, according to the learned Sessions Judge, was illegal and benefit under Section 4 of the U. P. First Offenders Probation Act could not be given to these accused because they were .....

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..... arties and then give suitable sentence to the accused. 5. To my mind it is a proper case in which the case should be sent back to the learned Additional Sessions Judge, who may award suitable sentence to the accused because then the accused would have a right to appeal, if necessary after obtaining a condonation of the delay in filing the appeal and that right of the accused must not be denied .....

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