Rajasthan High Court - Jaipur
Jivan Singh vs State on 8 May, 2013
S.B. Criminal Appeal No. 385 of 1989 Jivaan Singh and anr. vs. State of Raj. ---- 8.5.2013 HONBLE MR. JUSTICE MAHESH CHANDRA SHARMA REPORTABLE Mr. Anil Jain, for the appellants. Mr. Pradeep Shrimal, Public Prosecutor.
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This appeal has been filed against the judgment dated 6.10.1989 passed by Addl. Sessions Judge No.1 Alwar in Sessions Case No.46/86 whereby the appellant Jivan Singh was convicted u/s.333 IPC and sentenced to undergo 1 years RI and fine of Rs. 50/- and in default of payment of fine further imprisonment of 10 days, and appellant Pooran Singh was convicted under section 332 IPC and sentenced to suffer one year RI and a fine of Rs. 50 and in default of payment of fine to undergo 10 days imprisonment.
The learned counsel for the appellants has not challenged the conviction of the appellant Jivan Singh u/s.333 IPC and appellant Pooran Singh under section 332 IPC. The learned counsel has stated that the appellants should be given the benefit of Probation of Offenders Act as was given to accused Kakka Singh by the court below. He has further contended that the occurrence is of 23.10.1984, which is more than 28 years and they have faced the trial and appeal period during this period. The appellants are old persons and they are not habitual offenders. Mr. Pradeep Shrimal, Public Prosecutor opposed the arguments raised by the learned counsel for the appellants.
I have heard the learned counsel for the parties and considered the facts and circumstances of the case. After considering all the facts and circumstances of the case, I am of the view that ends of justice would be met in case the accused appellants are given the benefit of Probation of Offenders Act and Section 360 Cr.P.C.
Consequently, this appeal is partly allowed. The conviction of the appellants Jivan Singh u/s.333 IPC and appellant Pooran Singh under section 332 IPC is maintained, but they are given the benefit of Probation of Offenders Act and Section 360 Cr.P.c. and they are directed to submit personal bond in the amount of Rs. 20,000/- each before the trial court immediately for keeping peace and be of good behaviour for a period of two years and they will not repeat the offence of which they are accused during the period of probation.
(Mahesh Chandra Sharma) J.
OPPareek/ All corrections made in the judgment/order have been incorporated in the judgment/ order being emailed.
(O P Pareek) PS-cum JW