Judgment

AYYANGAR, J. : This appeal by special leave granted by us on September 7, 1962 raises for consideration the proper construction of Ss. 6 and 11 of the Probation of Offenders Act, 1958 (Central Act XX of 1958) hereinafter called the Act .

2. The appellants are two brothers- Ramji and Basist. It was alleged that these two assaulted one Sidhnath (P.W. 2) who as a result suffered grievous injuries. Basist, the younger brother was charged before the Assistant Sessions Judge, Arrah with the commission of an offence under S. 307, Indian Penal Code for the reason that the injury he inflicted was a bhala-blow under circumstances "that if by that act death had been caused he would have been guilty of murder", and as the injury actually sustained was grievous he was further charged with causing grievous hurt under S. 326, Indian Penal Code. The elder brother who too caused hurt to the victim was charged under S. 324, Indian Penal Code. The Assistant Sessions Judge held that prosecution case as alleged established against both the accused. It is now necessary to mention that according to the Sessions Judge Ramji was 21 years old and Basist 19. Section 6 of the Act enacts;

"6. (1) When a