Rajasthan High Court - Jaipur
Ramlakshman And Ors vs State on 2 March, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S. B. Criminal Revision Petition No. 433 / 2005
1. Ramlakshman Son of Kishanlal
2. Ramdev son of Gyarsilal
3. Smt. Geeta W/o Ramlakshman
4. Smt. Moolibai W/o Tejmal
All by caste Brahmin, Resident of Bansi, Tehsil Nainwa, District
Bundi (Rajasthan).
----Petitioners
Versus
State of Rajasthan
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Sanjay Mehrishi Public Prosecutor : Mr. R.R.S. Rathore _____________________________________________________ HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 02/03/2017 This revision petition is preferred by the petitioners against the impugned judgment dated 30.03.2005 passed by learned Additional Sessions Judge No. 1, Bundi in Criminal Appeal No. 42/2003 by which learned lower Appellate Court dismissed the appeal and petitioner- accused Ramlakshman's conviction for offence under Sections 325, 323/34 IPC, petitioner- accused Ramdev for offence under Sections 323, 325/34 IPC and petitioners- accused Smt. Geeta and Smt. Moolibai for offence under Sections 323/34, 325/34 was maintained and petitioner- accused Ramlakshman for offence under Sections 325, 323/34 (2 of 2) [CRLR-433/2005] IPC, petitioner- accused Ramdev for offence under Sections 323, 325/34 IPC and petitioners- accused Smt. Geeta and Smt. Moolibai for offences under Sections 323/34, 325/34 IPC were convicted and they all were extended benefit of Section 4 of Probation of Offenders Act.
Learned counsel for the petitioners Mr. Sanjay Mehrishi submits that he wants to press this revision petition only to the extent that benefit under Section 12 of the Probation of Offenders Act to petitioner- accused Ramlakshman since he is in government job, therefore, his service may not be affected by this conviction as the alleged offence is not regarding the moral turpitude for which learned Public Prosecutor has no objection.
In view of it, this revision petition is disposed off with the direction that the benefit of Section 4 (1) of Probation of Offenders Act has already been extended to the petitioner accused Ramlakshman, who is in government job, therefore, as per Section 12 of the Probation Offenders Act, this conviction shall not affect his service carrier.
The revision petition stands disposed off, accordingly.
(BANWARI LAL SHARMA)J. S.Kumawat/06