MAHABIR SINGH Vs. STATE

JUDGEMENT

(1.) CrI. M. No. 1635/2000 Allowed subject to just exceptions. CrI. Rev. No. 352/2000 Notice. Learned counsel for the State accepts notice. Admit,

(2.) Heard counsel for the petitioner as also learned counsel for the State. With the assistance of the learned counsel for the petitioner, I have been taken through the record of the case and also gone through the judgment under challenge. A perusal of the same shows that there is no infirmity in the conviction. I, therefore, uphold the order dated 1.9.2000 of the learned Additional Sessions Judge in CrI. Appeal No. 20/2000. However, on the question of sentence, learned counsel for the petitioner submits that the petitioner has been sentenced for a period of three months on account of having been found guilty under Section 279 Indian Penal Code with a fine of Rs. 500.00. The petitioner has also been sentenced for a period of three months for an offence under Section 338 Indian Penal Code with a fine of Rs.500.00. Learned counsel submits that this was an accident and there was no motive and that the petitioner is a first offender, he has got no criminal history and, therefore, this is a good case where the provisions of Section 4 of the Probation of Offenders Act, 1958 are to be applied. I have heard learned counsel for the State, who is also of the same view.

(3.) In this view of the matter, in the present case, the petitioner has suffered the agony of trial for the last six years. Besides that, he has already undergone a period of 10 days in custody. There is no allegation that the petitioner is a previous convict. Keeping in view the circumstances and the fact that the offence of which the petitioner has been convicted and the fact that the offence is not punishable for life imprisonment, he deserves the benefit under Section 4 of the Probation of Offenders Act.