1981 (11) TMI 197

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....ch has been disposed of by Sri D.N. Shukla, I Additional Sessions Judge, Farrukhabad, and 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 com....

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....ion 307 of the Indian Penal Code was proved. The learned Additional Sessions Judge heard 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. ....

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.... or whether the case should be remanded back to the court concerned, who may hear the parties 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 condonat....