STATE Vs. YASHAVANTH

JUDGEMENT

(1.) This appeal is filed by the State questioning the correctness of the order dtd. 28/9/2016 passed by the II Addl. District and Sessions Judge, Davanagere in S.C.No.91/2014 directing to release the accused on probation under Sec. 4 of the Probation of Offenders Act ('Act' for short) after having held him guilty of the offence punishable under Sec. 307 of IPC.

(2.) We have heard the arguments of Sri. K.S.Abhijith, learned Government Pleader for the State and Sri. A.N. Radhakrishna, learned counsel for the respondent/accused.

(3.) It is the submission of Sri. K.S.Abhijith that the trial court having held the accused guilty of the offence punishable under Sec. 307 IPC, should not have released him on probation under Sec. 4 of the Act. His submission is that the benefit of Sec. 4 of the Act could be extended only when a person is found guilty of having committed an offence not punishable with death or imprisonment for life. The scheme of sentence provided under Sec. 307 IPC is as such that imprisonment period may extend to 10 years, and in certain circumstance life imprisonment can also be imposed. Therefore Sec. 4 of the Act is not applicable. In this view the trial court has committed an error in releasing the accused on probation. It is his submission that the impugned order has to be set aside and the case remanded to the trial court for awarding appropriate sentence in accordance with law.