Recently, while partly allowing a Criminal Appeal against the conviction under section 307 IPC read 34 IPC, the Allahabad High Court has observed that considering the meidco legal evidence no case is made for conviction under Section 307 IPC.
Mr. Rishad Murtaza, Counsel for Appellant pleaded that even if the prosecution story is supposed to be true beyond reasonable doubt then in view of the medico legal report there can be no conviction under Section 307, and at the most it could be under Section 324 IPC only.
He further submitted that in view of the fact that both the appellants were of 19 and 22 years of age at the time of judgment of trial court and have no criminal antecedents, therefore they are entitled to benefit of Probation of Offenders Act.
Hon’ble Justice Virendra Kumar Srivastava, after hearing the parties observed that looking into the facts and circumstances of this case, especially, the nature of injuries in the light of medico legal evidence, it cannot be said that the appellant had any intention to kill the Ashish Shukla (PW-2). Therefore, the appellants are not guilty for offence U/s 307 I.P.C. and they are guilty for only offence U/s 324 read with 34 I.P.C.
On the issue of giving benefit o Probation of Offenders Act, the Court observed that:
The said occurrence was taken place in 2003 i.e. 17 years ago and it is an admitted fact that both the appellants are real brothers and at the time of judgment i.e. in 2005, according to the trial Court they were 19 and 22 years old. Record does not show that the appellants have any criminal antecedents and the learned counsel for the appellants, has also submitted that the appellants have no criminal antecedents.
As such the court has directed the Appellants to deposit the fine imposed upon them instead of sending the appellants to jail, they are given benefit of Section 4 of Probation of Offenders Act, 1958 and are directed to file two sureties bond of Rs. 20,000/- and a personal bond of same amount to the effect that they shall maintain peace and good behaviour and shall not commit any offence during the period of two years. The bonds aforesaid be filed by them within two months from the date of judgment before District Probation Officer, Pratapgarh.