Judgment

DUA, J. :- This is an appeal by special leave under Art. 136 of the Constitution. But the special leave granted by this Court was limited to the question of the applicability of the Probation of Offenders Act, 20 of 1958 (hereinafter called the Act).

2. According to the prosecution case, on December 20, 1968 at about 4 p.m. Smt. Sardaro, along with her mother-in-law Smt. Sarbati had gone to their gitwar for taking fuel. Smt. Surti, wife of Net Ram and mother of the appellant Daulat Ram, came out of her residential house and went to her gitwar through Smt. Sardaro s gitwar. Smt. Sardaro prohibited Surti to pass through the former s gitwar. Surti abused Sardaro. Thereupon Net Ram and his son Daulat Ram, appellant, armed with lathis rushed to their gitwar hurling abuses and raising lalkaras "marlo marlo". Surti caught hold of Sardaro. Net Ram gave a lathi blow on her head which hit her cheek below her left eye. Net Ram and Daulat Ram are then alleged to have caused further injuries to Sardaro. Net Ram and Daulat Ram were both convicted under Ss. 325/34 and 323/34, I.P.C. and sentenced to rigorous imprisonment for two years and three months respectively. They were also directed