KAILASH Vs. STATE OF M P

JUDGEMENT

(1.) Both the Petitioners/accused have filed this revision petition being aggrieved by the judgment and order of conviction dated 11-7-11, delivered in Cri. Appeal No. 313 of 10, whereby the Addl. Sessions Judge maintaining the finding of conviction and sentence recorded by the Trial Court for commission of offence under Sections 323/34 and 325/34 of the Penal Code, sentenced them to undergo two months RI with fine of Rs. 100/- and one year RI with fine of Rs. 200/- to each of the Petitioner on two counts.

(2.) Learned Counsel for the Petitioners submits that the Appellate Court as well as the Trial Court have refused to grant probation to the Petitioners even though they are not previous convict. They have also not cared to make any observation as to why the Petitioners are not entitled to release on probation despite the fact that Petitioners are first offenders. Nothing has been brought to the notice of this Court which may goes to show that the Petitioners are previous convict.

(3.) According to the prosecution, the alleged incident took place on account of theft of electricity wire. The Petitioners are agriculturists and are first offenders. The alleged incident took place all of a sudden. The benefit of the provisions of Sections 360 and 361 of Code of Criminal Procedure ought to have been given by the Trial Court as well as by the Appellate Court.