CHANDRA BHUSHAN Vs. THE STATE OF U.P.

JUDGEMENT

(1.) The present revision has been preferred against judgment order dated 5.10.2007 passed by the Additional Sessions Judge, Room No.3, Sultanpur, by means of which Criminal Appeal No.40 of 2004 has been partly allowed and order dated 1.9.2004 passed by the learned trial Court in Criminal Case No.645 of 1996, Police Station Jagdishpur, District Sultanpur has been modified. The revisionists were convicted and sentenced by the learned trial Court as follows:-

(2.) Learned counsel for the accused-revisionists submits that the accused-revisionists have not been convicted previously for any offence and they are the first time offenders. The learned counsel at the outset submits that he is not challenging the impugned order, confirming the order passed by the trial Court, but he is confining his submission only with respect to the order of sentence passed by the learned trial Court.

(3.) Learned counsel for accused-revisionists submits that in view of the aforesaid facts and circumstances, including the fact that the accused-revisionists have not been convicted previously for any offence, the trial court ought to have invoked the provisions of The Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act').