ATMA RAM Vs. STATE

JUDGEMENT

(1.) By this application the petitioner has prayed that judgment dated August 4, 1976 be reviewed in that the provisions of Section 360(1) of the Code of Criminal Procedure, 1974 (hereinafter called the 'new Code') were not taken into consideration in coming to the conclusion whether it was a fit case where the relief envisaged by the aforesaid section should be granted to the petitioner or not.

(2.) Shri D. R. Sethi, the learned counsel appearing for the petitioner strenuously contended that before sentencing the petitioner to imprisonment it was obligatory on the court to consider whether the petitioner was entitled to the grant of benefit of Section 360(1) of the new Code and this having not been done, the sentence awarded to the petitioner stood vitiated.

(3.) Shri H. R. Bhardwaj, the learned counsel appearing for the State urged that the aforesaid provisions of law were not attracted in the instant case, in that, the occurrence took place on 21st April, 1970, the trial court convicted the petitioner by its order dated 31st July, 1973, the appeal was dismissed by the learned Additional Sessions Judge, Delhi (Shri M. K. Chawla) on 28th February, 1974, i.e. prior to the enforcement of the new Code. The provisions of the new Code, it was alleged, were not applicable in the instant case. The precise argument was that the Revision Petition having been filed on 6th March, 1974, namely, immediately before the date on which the new Code came into force the petition was to be disposed of in accordance with the provisions of the Code of Criminal Procedure, 1898 (to be called the 'old Code'). There being no provisions in the oldode analogous to the provisions of Section 360 and 361 of the new Code, goes the argument, the application is without merit and deserves to be rejected.