NAROTTAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision has been filed against the judgment and order dated 21st of October, 1994 passed by Additional Sessions Judge of Shivpuri, whereby the petitioners were convicted u/s. 323 read with Sec. 34 of the I.P.C. They were directed to pay a fine of Rs. 500/ - each, in default to undergo one month's R.L each.

(2.) LEARNED counsel for the petitioners pressed this petition only on the point of sentence and urged that both the petitioners are government servants, working as teachers in Government School. There were no criminal history of the petitioners. It is, therefore, prayed that they be granted probation so that their services are not adversely effected. The amount of fine, however, has been deposited which may be paid to the complainant/injured as compensation.

(3.) THE facts of this case are similar. Both the petitioners are in Government service. There is no criminal history against them. Therefore, they are entitled to be released on probation instead of being sentenced to any imprisonment as fine.