STATE OF MYSORE Vs. SAIB GUNDA

JUDGEMENT

(1.) The lagality and correctness of the order passed in C. C, No. 113/2/1962 by the First Class Magistrate, passed on 8-3-1963 applying the provisions of Section 4 of the Probation of Offenders Act, 1958 and releasnig the respondents who were found guilty of an offence Under Section 326 IPC on probation of good conduct for keeping peace after executing a bond is challenged in this revision petition.

(2.) A charge sheet was placed by the police of Janwada against the respondents before the First Class Magistrate, Bidar for an offence punishable Under Section 326 IPC On perusing the documents filed Under Section 173 Cr, P. C. the learned Magistrate framed a charge against the respondents for an offence punishable Under Section 326 IPC on 6-10-62. When the said charge was read over and explained to the respondents and they were called upon to plead, they pleaded 'not guilty'. The prosecution then proceeded to lead evidence to establish the charge against the respondents. On 23-11-62 the complainant was examined in part and the case was posted for further evidence. When the case came up for trial on 8-3-63 it appears that the respondents filed two applications to the effect that they never intended to cause any injury to the complainant; that the injury was caused accidentally as stated by the complainant in the course of his evidence and that they felt extremely sorry that the complainant was injured and that they had no intention of causing any injury to the complainant and that they should, therefore, be pardoned. The learned Magistrate, who received these applications held that the above statements amounted to an unequivocal admission of guilt on the part of the respondents and found each of them guilty of the offence puni hable Under Section 326 of the Indian Penal Code and convicted them and proceeded to pass appropriate sentences and observed as follows:

(3.) It is urged by Mr. Ashrit, the learned Government Pleader, that the order passed by the learned Magistrate releasine the Respondents after finding them guilty of an offence punishable Under Section 326 of the Indian Penal Code, is ilcsfll and is liable to be set aside. He contends that the provisions of Section 4 of the Probation of Offenders Act 1958 are not applicable to the case inasmuch as the maximum sentence prescribed for affine Under Section 326 IPC it imprisonment for life. The contention of Mr. Ashrit is well founded. Section 4 of the Probation of Offenders Act 1958 which was brought into and in this State or and from 1-10-1960 read as follows: