ASHOK KUMAR Vs. STATE OF MP

JUDGEMENT

(1.) This criminal revision under Section 397/401 of CrPC has been filed against the judgment and sentence dated 29/01/2021 passed by Second Additional Judge to the Court of First Additional Sessions Judge Datia in Criminal Appeal No.43/2017, arising out of the judgment and sentence dated 19/07/2017 passed by JMFC, Datia in Criminal Case No. 151/2016 by which the applicants have been convicted under Section 325 read with Section 34 of IPC and have been sentenced to undergo the rigorous imprisonment of six months with a fine of Rs.500/- with default imprisonment.

(2.) This Court, by order dated 08/02/2021, had observed that there is a very little scope of interference in the merits of the findings of the Trial Court as well as the Appellate Court. Accordingly, the Counsel for the applicants had prayed for some time to argue on the question as to whether the benefit of probation under Section 360 of CrPC or under the Probation of Offenders Act, 1958 is admissible to the applicants who happen to be aged about 60 years and 26 years respectively or not ? Thereafter, on 16/02/2021, the State Counsel was directed to seek instructions as to whether the applicants have any criminal antecedents or previous conviction or not?

(3.) Thereafter, the applicants and the complainant filed an application under Section 320(2) of CrPC for compounding the offence with the permission of this Court, which was registered as IA No 6246 of 2021 and this Court, by order dated 24/02/2021, had directed the complainant and victim to appear before the Principal Registrar of this Court for recording of their statements to enable this Court to assess the genuineness or otherwise of their intention to compound the offence in question.