JUDGMENT

D. A. Desai, J. - Four persons were convicted under Section 304, Part II and Section 323, both read with Section 34 of the Indian Penal Code (Code for short), by the Sessions Judge, Bhiwani. They appealed to the High Court and the conviction of all except Surajbhan under Section 304, Part II was set aside but the conviction under Section 323 of the Code along with the sentence was maintained.

2. The separate application for special leave by Surajbhan was rejected by this Court. Similarly, the prayer for special leave so far as Ramchander and Jai Bhagwan are concerned, was also refused and notice was issued in respect of Rajbirs application confined to the question of extending the benefit of the probation of Offenders Act to him.

3. Heard Mr. Malhotra for the accused Rajbir and Mr. Gujral for the State of Haryana. Special leave is granted.

4. From the judgment of the High Court it appears that though the sentence imposed for the offence under Section 323 of the Code was six months, the appellant and the co-accused had already suffered over one years imprisonment. Ordinarily, in a situation as here, there would be no need to interfere. Learned counsel for the appellant has, ho