JUDGMENT

Arijit Pasayat, J.-Two interesting questions both revolving round Section 11 of the Probation of Offenders Act, 1958 (in short the Act ) are involved in this appeal. Though the questions are essentially of law, a brief reference to the factual aspect would be necessary.

2. Appellants faced trial for alleged commission of offences punishable under Sections 307, 323, 324 and 326 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC ). Learned Sessions Judge, Karauli, Rajasthan, held that though accusations relating to Sections 307, 307 read with Section 149 were not proved against the accused persons, offence of Section 324 IPC was proved against accused-appellant Prithvi Raj while offence under Section 324 read with Section 149 IPC was proved against others. Offence in terms of Section 323 IPC was held to be proved against Tej Raj and offence under Section 323 read with Section 149 was proved against others. Offence under Section 148 IPC was also held to be proved. After hearing the accused persons on the question of sentence, it was noticed that there was no allegation of any earlier involvement in crime against any of the accused persons, the incident was