AWADH NATH Vs. STATE OF MP

JUDGEMENT

(1.) THE applicants/ accused have directed this revision under Section 397/401 of Cr. P. C. being aggrieved by the judgment dated 5.3.2002 passed by the 1st Additional Sessions Judge, Katni in Criminal Appeal No. 101/2001, whereby upholding their conviction awarded by the trial Court under Section 354 r/w section 34 of IPC, each of them have been punished for RI six months.

(2.) THE applicant's counsel without assailing any findings of the impugned judgment holding the aforesaid conviction of the applicants has made his limited submission to reduce the awarded jail sentence up to the period for which they have already undergone in judicial custody between 28.6.94 to 30.6.94=3 days and thereafter from the date of judgment of appellate court till his release in compliance of the order for suspending their remaining jail sentence by this court between 5.3.02 to 14.3.02 =10 days, in total 13 days by imposing the amount of fine under the discretion of the Court. In support of such contention, it was argued by the counsel that matter is pending since long, during this period the applicants suffered the mental agony of the case and simultaneously had also given their appearance during pendency of trial in the trial Court, in pendency of appeal before such Court and they are also appearing before this Court in the present matter. Except the present matter there is no criminal antecedents and in such premises they appear to be first offenders. So considering all these circumstances, by allowing the aforesaid prayer for reduction of the jail sentence of the applicants by enhancing the amount of fine this revision be disposed of accordingly.

(3.) LOOKING to the nature of the offence and the manner in which it was committed by the applicants, I am not inclined to extend them the benefit of the Probation of the Offenders Act. Accordingly, it is held that the applicants are not entitled for extending the benefit of Probation of Offenders Act.